Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Creditorsof Robert and James Robertsons, Merchants in Glasgow

Date: 18 November 1742

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[Elch., No. 20, Arrestment; Kilk., No. 10, ibid; Rem. Dec. No. 33.]

The specialties of this case are carefully to be observed:—1mo, At the time of the arrestment, the persons for whose debt the arrestment was laid on, were bankrupts, and consequently no longer partners; 2do, The arrestees were managers of the venture; 3tio, The arrestment affected only the profits of the current venture. So that it is not yet decided,—1mo, Whether, if the copartnery had been yet subsisting with respect to the Robertsons, the arrestment would have been competent, though it is probable, from the reasonings of the Lords, that they would have found it competent; 2do, It is not decided, if the Robertsons had been themselves managers, whether an arrestment could have been at all laid on, or in whose hands, or what effect it could have had; 3tio, It is not decided whether an arrestment, in such a case, could affect any more than the share of the stock and the profits of the current venture, and whether it could be extended to the profits of subsequent ventures.

June — 1748. The Lords found, That the arrestment of company goods in the hands of a factor, for the debt of a copartner, carried only his share of the profits upon a count and reckoning.