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.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 4, , pg. 4562
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 704
Mungo Brown, Supplement to the Dictionary of the Decisions of the Court of Session (1826), pg. 451

Locations

Repository & Extent