Scottish Court of Session Decisions

Subject_1 FRAUD.

Andrew Forbes
v.
Mains and Company

1752, Feb. 25.
Case No. No. 27.

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William Rolland, shipmaster in Anstruther, dealt for some years with the Mains, kept his credit with them and paid punctually. After his death his widow continued to trade and in 1748 broke and obtained a cessio bonorum. Thereafter she began a hidden trade, which to be sure must have been concealed from her creditors, and among others commissioned in 1749 two different parcels of wine from the Mains, which they not knowing of the cessio bonorum sent to her and she paid honestly; and in 1750 she commissioned a third which they sent to her; but on its arrival at Leith Andrew Forbes arrested it for a debt prior to the cessio; and in the process before the Admiral compearance was made for the Mains, and they insisted in a reduction of the sale of the wines upon fraud, because Mrs Rolland was bankrupt and had obtained a cessio before she commissioned it, of which they were ignorant, and therefore the wines were still theirs and they ought to be preferred to the arrester. The Judge-Admiral found that the fraud impeded the transmission of the property, and preferred Mains and Company. Forbes pursued reduction of the decreet, and on report by Lord Kames, we repelled the reasons of reduction and assoilzied.