Scottish Court of Session Decisions

Subject_1 BANKRUPT.

Alexander Christie
v.
John Spence, Trustee for Samuel Straiton

Date: 20 June 1746
Case No. No. 20.

Same subject.

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Straiton in London was in a sort of company trade with Christie in Montrose, who upon commission was wont to send him linen to be sold at London for their joint account; and Straiton was in use to draw bills on Christie, and thereby Straiton became his debtor in L.281. In May 1744, he broke, and a commission of bankruptcy went out against him, whereof he acquainted Christie, and sent him his account, that he might draw his share with the other creditors; which Christie neglected; but in July 1744 took a decreet in absence here against Straiton. He again complied with the statute, and got the Chancellor's certificate, and began again to trade with people in this country. Thereafter Christie arrested in the hands of Straiton's debtors; to prevent which, Straiton drew bills on them to John Spence, in trust for his own use. The competition came before me, and I this day reported the question, whether Christie was barred by the statute of bankruptcy from attaching Straiton's effects acquired since the bankruptcy. The difference betwixt this and the former (No. 19.) being, that there the debt, the promissory note, was contracted without doubt in England, whereas the debts in this case were contracted in the above manner. However, the Lords in this case also found that Christie was barred. See Foreign, (See Dict. No. 96. p. 4569.)