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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston and Smith late Merchants in Edinburgh, and Walter Cosser, Trustee for their Creditors, Petitioners for a protection to the former, v Alexander Chisholm, and Others. [1773] Mor 10473 (11 March 1773)
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Cite as: [1773] Mor 10473
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[1773] Mor 10473
Subject_1 PERSONAL PROTECTION.
Date: Johnston and Smith late Merchants in Edinburgh, and Walter Cosser, Trustee for their Creditors, Petitioners for a protection to the former,
v.
Alexander Chisholm, and Others
11 March 1773
Case No.No 10.
The Court is functa as to the power of giving a personal protection to the bankrupt, under the authority of act 12th Geo. III. c. 72. after the estate is vested in trustees.
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Upon an application for a personal protection to the bankrupts, on the footing of the statute, 12th Geo. 3.c. 72. after the effects were vested in a trustee, and
which was opposed by the holders of notes issued by the bankrupts, payable on demand to the bearer, ‘ The Lords find, That the Court is not empowered by the late act of Parliament to grant personal protection in this case; and therefore refuse the desire of the petition.’
Act. Advocatus, Dean of Facalty Alt. M'Laurin. Clerk, Gibson. N.B.—Thereafter a bill of suspension on the same grounds having been presented, and reported, the Lords, in terms of the bank-act, 5th Geo. III. refused it.
See Appendix.
The electronic version of the text was provided by the Scottish Council of Law Reporting