Date of Decision: 1802
Abstract: The pursuer acted as agent of Smith, Johnstone and Company in Glasgow to buy some goods on its behalf. After one of the partners of the company died, it fell into a disorder and became bankrupt. Mr. Walker was appointed attorney to represent the company before the creditors’ meeting. The pursuer proposed certain measures to protect the creditors of Smith, Johnstone and Company; however, the agents of the creditors refused them. Then, the creditors agents wrote letters to discredit Mr. Walker. Therefore, he submitted an action against some creditors, as well as Mr. John Shiels and Robert Graeme, to recover damages incurred by their misrepresentations and illegal and oppressive acts. In the meanwhile, the pursuer entered into bankruptcy, so he brought the present petition to the lordship to modify the interlocutors with regards to his situation, to allow him to continue with the action of damages without the concurrence of the trustee and his creditors, and to submit some proof of the acts.
Subjects: Alter, Bankruptcy, Interlocutor

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