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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Hay v Creditors of Andrew Sinclair [1788] Hailes 1046 (1 March 1788)
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Cite as: [1788] Hailes 1046
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[1788] Hailes 1046
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BANKRUPT.
Subject_3 A person assigned his share in a mercantile adventure. The assignment was not intimated till within sixty days of his bankruptcy; found that the assignment being made, though not intimated before bankruptcy, was effectual.
Date: John Hay
v.
Creditors of Andrew Sinclair
1 March 1788 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. X. 45 Dict. 1194.]
Justice-Clerk. The petitioner endeavours, by analogy, to extend the Act 1696 from heritable to personal rights, for which there is no authority in law. Much is argued from the time and manner of intimating the assignation; but, in truth, intimation was not necessary at all.
Dreghorn. This is a hard case: a person gets an assignation and conceals it. People deal with the assigner, supposing him still to have a property, which he has not.
Henderland. It might be right to remedy this by a statute; but the law, as it stands, gives no remedy.
On the 1st March 1788, “The Lords repelled the reasons of reduction;” adhering to the interlocutor of Lord Rockville.
Act. G. Buchan Hepburn. Alt. J. Pringle.
The electronic version of the text was provided by the Scottish Council of Law Reporting