Samuel Cole, pursuer, was a silk-weaver based in London. Some of his silk (worth £3,000 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 sought an equal distribution of Cole's property among the creditors. Flammare alleged, among other procedural defects, that the other creditors' application for sequestration was ineffective under the applicable bankruptcy statute because the case involved an English, not Scottish, debtor.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 1245 , , pg. 4820, , pg. 9285
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 493

Locations

Repository & Extent