Scottish Court of Session Decisions

Subject_1 BANKRUPT.

Robert Crawfurd
v.
Stirling and Company, and Others

Date: 16 November 1752
Case No. No. 28.

Ineffectual for a creditor to buy goods of his debtor after bankruptcy, and discharge the debt in payment of them. The price will notwithstanding be arrestable.

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A chapman having stopped payment, indebted to Stirling and Company, Stirling bought shop goods to the amount of the debt, or a trifle more, and discharged the debt, and got a discharge of the goods and paid the balance; and being indebted also to another Company, one of the partners bought his own name shop goods to the amount of not only the debt due to the Company, but another debt due to a friend of the buyers, who discharged both debts, and got a discharge of the goods. Crawfurd, another creditor, raised horning and caption, and brought the chapman within the act 1696, anent notour bankrupts, arrested in the hands of these Companies, and pursued forthcoming. A proof was brought of notour bankruptcy, and the defences were, that the sales were lawful, and that it was lawful to the bankrupt to apply the price in payments of debts, agreeable to the decision Forbes against Brebner, (No. 26, supra.) The Court unanimously repelled the defences, and decerned in the forthcoming.

See Creditors of M'Kay against Baldwin, 22d July 1735, voce Bill of Exchange.

See Trustees of Colonel Johnston of Gartney against Creditors, 19th January 1738, voce Recompence.

See Sir William Maxwell against Creditors of Sir Godfrey M'Culloch, 2d January 1739, voce Compensation.

See Sir Archibald Grant against Creditors of Grant of Tullifour, voce Fraud.