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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ludovic Grant v George Chalmers. [1771] Hailes 445 (15 November 1771)
URL: http://www.bailii.org/scot/cases/ScotCS/1771/Hailes010445-0232.html
Cite as: [1771] Hailes 445
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[1771] Hailes 445
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SOCIETY.
Subject_3 Powers of Management vested in the Acting and Surviving Partner of a Company.
Date: Ludovic Grant
v.
George Chalmers
15 November 1771 Click here to view a pdf copy of this documet : PDF Copy
(Fac. Coll. V. 318; Dictionary, 14,581.)
Coalston. A copartnery is a corporation, and subsists as long as any member of it is alive; and the surviving partner may uplift and assign. If he is a bankrupt, the heirs of the deceased partner may interpose and object: here the heirs are called, and do not object: It is jus tertii for the debtor to object.
Pitfour. There is no doubt but that the surviving partner may act and even assign; but, here, the case may be varied by his becoming bankrupt. This objection, however, is taken away by the representatives of Malcolm being made parties to the cause.
President. Malcolm was alive at the time of Thomas Fairholm's granting the assignation. It was therefore improper; but Malcolm might have ratified it, and his representatives do the same thing by not objecting. It is now good.
On the 15th November 1771, “In respect that no objection is moved by the representatives of Malcolm, or by any person having interest, the Lords repelled the defence.”
Act. R. M'Queen. Alt. A. Rolland. Rep. Monboddo.
The electronic version of the text was provided by the Scottish Council of Law Reporting