Date of Decision: 4 Feb 1773
Abstract: John McEwen (alternatively spelled McEwan), a flax-dresser in Glasgow, went into bankruptcy. Defenders William Craig, Robert McLintock, and James Clerk were named trustees for the creditors in McEwen's bankruptcy. Pursuer Gilbert Moses, a meal-merchant in Glasgow, is one of McEwen's creditors. The trustees entered into a concert of joint measures, signed by the creditors, for the payment of McEwen's debts to the creditors. In contravention of this concert among the creditors, however, Moses joined McEwen in an action of reduction to overturn the sale and division of McEwen's effects. Among other points, Moses maintains that he was not allowed to read the creditors' agreement prior to signing it. Moses also argues that a tenement of houses that he bought from McEwen prior to McEwen's bankruptcy and in partial satisfaction of McEwen's debt to Moses should remain as Moses' property, and not conveyed to the trustees in McEwen's bankruptcy. The trustees argue that, by acceding to the concert among creditors, Moses agreed to set aside any preferences he may have had to McEwen's debts, including the tenement of houses.
Subjects: Proof, Bankruptcy, Parole Evidence, Proof

Published Report

Morison, 12352

Litigants

Pursuer:
Gilbert Moses
Defender:
William Craig, Trustee for the creditors of John McEwen
Robert McLintock, Trustee for the creditors of John McEwen
James Clerk, Trustee for the creditors of John McEwen

People or Organizations Associated with Case

Named in case documents:
John McEwen, Case stems from McEwen's bankruptcy.
Advocate for Defender:
William Craig
Advocate for Pursuer:
Walter Campbell

Organizations