Date of Decision: 4 Aug 1772
Abstract: Samuel Cole, pursuer, was a silk-weaver based in London. Some of his silk (worth 3,000 pounds Sterling) was stored in a warehouse in Canongate, a district of Edinburgh. Cole declared bankruptcy. Shortly after this, Flammare, defender and creditor of Cole, went to Edinburgh to seize Cole's silk in Canongate by using an admiral-precept. William Cole, brother and creditor of Samuel Cole, along with other creditors of Samuel Cole, also took out an admiral-precept on Samuel Cole's effects in Edinburgh. These other creditors seek an equal distribution of Cole's property among the creditors. Flammare alleges, among other procedural defects, that the other creditors' application for sequestration is ineffective under the applicable bankruptcy statute because the case involves an English, not Scottish, debtor.
Subjects: Forum Competens, Bankruptcy

Published Report

William Morison, The Decisions of the Court of Session (1811), 4820


Timothy Ravenhill, Creditor of Samuel Cole
William Ravenhill, Creditor of Samuel Cole
James Sorel, Creditor of Samuel Cole
Peter Serret, Creditor of Samuel Cole
Robert Ravenhill, Creditor of Samuel Cole
John Gloag, Attorney and trustee for creditors of Samuel Cole
Samuel Cole
William Cole, Brother of Samuel Cole
Daniel West, Creditor of Samuel Cole
Obadiah Legrew, Creditor of Samuel Cole
Ephraim Flammare

People or Organizations Associated with Case

Advocate for Pursuer:
Robert Sinclair