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.
Documents in this case (1)
People involved
- Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia — Lord Ordinary
- Robert Sinclair — Advocate for Defender
- George Fergusson, of Hermand, Lord Hermand — Advocate for Pursuer
- George Jeffrey — Agent
- Benjamin Glover — Pursuer
- Robert Vasie — Defender
- John Bedford and Son — Named in case documents
- Martin Fenwick — Named in case documents
- Colin MacLaren — Named in case documents
- Office of the Commissioners of Bankrupts — Named in case documents
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.
