Subject_1 BANKRUPT.
Marshall
v.
Yeaman and Spence
1746 ,June 20 .
Case No.No. 19.
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Yeaman and Spence, Scotsmen, merchants in London, gave promissory-notes for L.78 to Thorburn, also a Scotsman, but then in London, and which notes were afterwards indorsed to Marshall.— A statute of bankruptcy went out against Yeaman and Spence, wherewith they complied; but neither Thorburn nor Marshall compeared before the Commissioners, nor got any share. Now Marshall sues them, and they plead the statute of bankruptcy, and their having complied with the conditions.—Dun sustained the defence;—and this day we adhered without a vote,—but Tinwald doubted.
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