Legal Subject: Assignees |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Glover and Others v. Vasie | 1776 | Commission of Bankruptcy In England, Assignees, Debt, Bankruptcy, Arrestment, Sequestration | In 1770, John Bedford and Son, Leeds merchants, went bankrupt. One of their English creditors, Martin Fenwick, laid arrestments (judicial security) upon Colin Maclaren, a Scottish debtor of Bedford and Son. Fenwick recovered what he was owed, and then a second English creditor of Bedford and Son, Robert Vasie, laid an arrestment upon the remainder of MacLaren's debt. Vasie had previously received a dividend under an English commission of bankruptcy. During the process, Lord Hailes gave preference to Vasie. Benjamin Glover and other assignees of Bedford and Son objected to this preference on account of the dividend Vasie possessed. They also argued that as an Englishman Vasie could not compete with their claim upon Bedford and Son’s Scottish effects. Vasie, in turn, argued that the pursuers, having been made assignees by an English commission of bankruptcy, had no right of action in Scotland. The Court ruled that Messrs. Glover, etc. had a right of action to recover Bedford and Son's Scottish effects, and barred Vasie from competing. |
| Hitchiner v. Stewart | 1802 | Assignees, Merchants, Sale, Rei vindicatio | Hitchiner, Hunter & Company gunpowder manufacturers raised an action “rei vindication” or an action to recover the price of gunpowder against Stewart and Ninian. The Defenders bought some gunpowder from pursuer’s agents (Messrs and J. Robertson) without knowing that Hitchiner, Hunter & Company owned the gunpowder. Messrs and J. Robertson became bankrupt and Defendants applied a set off of some debts that they have with each other. The Lords cited the general principle of law "Bona Fide" to sustain that: (i) Defendants purchased and transacted fona fide with Pursuer's agents, due to Defenders were entitled to plead compensation on a debt that they had with Robertson and company, and (ii) Pursuers did not have an action for recovery against Stewart and Ninian, as third party of the relationship with their agents. |
| Williamson v. Hay | 1832 | Trustees, Assignees, Title, Expenses, Interlocutor, Action | Alexander Williamson, the pursuer, lodged a reclaiming note asking the Court to alter its interlocutor which found no expenses due to either party. Based on the single document cataloged for this case. |
Documents discussing this subject (28)
- Alexander Williamson v. Sir John Hay of Smithfield and Hayston, Baronet, and Others — Reclaiming, 27 Feb 1832
- APPENDIX. No. I. Extract Registered Tack betwixt John Lord Oliphant and John Ramsay and Company, dated 4th February 1779.
- APPENDIX. TACK, John Anderson to Alexander Mackerly.
- Arbouin v. Sime — Appendix, 18 Dec 1810
- Cunningham v. Grieve — Note, 5 Apr 1819
- George Arnott Walker Arnott v. John David Stewart — Minute, 9 Mar 1842
- Glover and Others v. Vasie — Petition, 2 Feb 1776
- Helen Blackadder and Walter Macfarlane v. John Erskine — Answers, 27 Feb 1760
- James Blyth v. Alexander Brymer Belcher, John Bannatyne, and Harry George Gordon — Bill, 7 Mar 1832
- James Hally v. Ann Mitchell — Information, 12 Dec 1759
- John Bellenden Ker, Henry Gawler and John Seton Karr v. Sir James Norcliff Innes and Brigadier-General Walter Ker — Memorial, 19 Dec 1805
- John Johnstone v. William Morehead — Answers, 12 Nov 1790
- John Murdoch and James Miller v. Alexander Home and others — Note, 27 Feb 1773
- Lieutenant-Colonel Robert Henry v. John Watt and Others — Defences, 1 Sep 1831
- Mrs Ann Majendie and Husband v. William Thomas Carruthers — Memorial, 1 Jul 1817
- Mrs Ann Webster &c. against John Webster, Esq. — Memorial, 4 Apr 1822
- No. III. ATTESTED COPY of the INTERLOCUTOR pronounced by LORD ELDIN, Ordinary on the Bill of Suspension for John CRUDEN BLAIR, Tenant in Lundin of Gallery; AGAINST James Lyall, Esq
- Notes of Opinions on Petition for Charles Selkirk and Answers for Cropper and Dow
- Petition and Complaint — & Com.—John Drummond, Esq
- Petition — Margaret Wilson, Wife of John Douglas of Burnhouses, and her Husband for his Interest; and of John Spottiswood of Spottiswood, their Trustee, Pursuers
- Petition — Matthew Wiggins late of Market-street, in the Parish of St John the Evangelist, Westminster, Brewer, and of William Moreland of Pall-Mall, in the County of Middlesex, Banker; Timothy Brown of St Mary at Hill, in the City of London, Hop-me…
- Petition — Miss H. Leslie against Lord Armadale's Interlocutor
- Petition — Rebecca Delavalle [Lord Monboddo Ordinary.]
- Petition — Thomas Dundas of Castle-carry
- Petition — William Sutherland, of Braegrudie
- Reclaiming Note, Boxed 30th April 1856. Appendix for Reclaimers to Reclaiming Note for the Reverend David Macrae, (Forbes Falconer's Trustee) and Others against Lord Benholme's Interlocutor
- Robson — Petition, 20 Dec 1793
- Trustees of the deceased James Thomson, Esq. v. James Thomson, jun. and Others — Interlocutor, 19 Feb 1823
