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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Charles Salter, Petitioner. [1786] Hailes 992 (9 March 1786)
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Cite as: [1786] Hailes 992
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[1786] Hailes 992
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SALE.
Subject_3 How far, by the measuring out of goods, without further delivery, the property is transmitted?
Date: Charles Salter, Petitioner
9 March 1786 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IV. 391; Dict. 14,202.]
Eskgrove. Had the malt been put in publica, custodia, the case would have been clear; but, here, all that appears is an acknowledgment, by the seller, that he had measured out the malt. But, quære, How can the creditors be in a better situation than the debtor? The debtor must have delivered the malt, the price of which he had received.
Braxfield. There is no difference between a factor in a sequestration and a creditor who poinds. It is strange that men will pay before delivery, when there are so many bankrupts appearing every day. If they do, they must suffer for their own negligence.
On the 9th March 1786, “The Lords refused an incidental petition, praying an order on the factor under the sequestration, for delivery of the sixty bolls of malt.”
For petitioner, H. Erskine.
Alt. John M'Laurin.
The electronic version of the text was provided by the Scottish Council of Law Reporting