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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gowan [1835] CA 13_491 (19 February 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0491.html
Cite as: [1835] CA 13_491
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SCOTTISH_Shaw_Court_of_Session
Page: 491↓
Subject_Agent and Client—A. S. 6th Feb. 1806.—
Held competent for the law-agent, who has been employed by the trustee on a sequestrated estate, to present a summary application under the A. S. 6th Feb. 1806, against the trustee and the creditors ranked, to have them subjected jointly and severally in payment of his account.
Alexander Gowan, S.S.C., presented a petition, stating that he had been employed as law-agent by Robert Wight, junior, trustee on the sequestrated estates of David and Robert Blackie, and an account of £58, 7s. 2d. had been incurred; and that the Royal Bank of Scotland and their cashier, and the Dundee Union Bank and their cashier, were creditors ranked on the estates. He founded on A. S. 6th Feb. 1806, and craved the Court to remit the account to the auditor, and to find Wight and the two Banks liable jointly and severally for the amount of the account. The account was taxed, after which answers were lodged by the Banks, objecting to the competency of applying the A. S. to such a case.
The Court “superseded advising till Howden's trustee v. Dunlop and Company is disposed of, and till the whole creditors are made parties.”
The remaining creditors ranked were made parties under a supplementary petition; and, after the decision in Howden's trustee 1 was pronounced, sustaining the competency of such an application,
_________________ Footnote _________________
1 Feb. 10,1835. Ante, 445.
The Court resumed Gowan's petition, and decerned in terms thereof.
Solicitors: A. Gowan, S.S.C.— Smith and Kinnear, W.S.—Agents.