Scottish Court of Session Decisions

Subject_1 SOCIETY.

Hogg
v.
Weir

1748, June 24.
Case No. No. 10.

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Warden and Johnston were in copartnery, and Hogg drew a bill on Rodger Hogg at London to one Ringwood, value received from Warden, for L.109, who of the same date accepted a bill to him for the money, without mention of a Company. The Company broke, and Weir, who was a creditor of Johnston's, arrested some of the Company's effects, as Hogg also did upon Warden's bill, and claimed preference for it as a Company's debt, 1st, for that he had had several dealings with the Company by lending and otherwise, and which in his books he always settled in Warden's name; 2dly, that this bill was wholly applied to clear Company debts to Ringwood and others. But in respect the bill was drawn on the credit as of Warden, bearing value received from him, which value was his accepted bill, without mention of any Company, the Lords the 14th, found that it was not a Company debt, and therefore the arrestment could only affect Warden's interest in the Company's effects,—and this day adhered.