| Glover and Others v. Vasie |
7 Aug 1776
|
Commission of Bankruptcy In England, Assignees |
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 |
8 Dec 1803
|
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. |
