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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Suspn. - Pearson v. M'Gregor [1865] ScotLR 1_34_2 (18 November 1865)
URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0034_2.html
Cite as: [1865] SLR 1_34_2, [1865] ScotLR 1_34_2
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SCOTTISH_SLR_Court_of_Session
Page: 34↓
Court of Session Inner House Second Division.
v.
This was a suspension of a charge on a promissory note for £42, granted by the complainer to the respondent, in remuneration of his services as trustee on the complainer's sequestrated estate. The complainer submitted that the promissory note was ipso jure null, except to the extent of £7, 6s. 1d, being the maximum rate of 5 per cent, of commission, to which the respondent was entitled as trustee. The respondent's defence was that the fee was in itself a reasonable one, and that no objections were made by the complainer himself until diligence was done on the promissory note.
The Court held that the complainer had not averred relevant reasons of suspension, and refused the note of suspension.
Counsel for the Complainer— Mr Pattison. Agents— Messrs R. & R. H. Arthur, S.S.C.
Counsel for the Respondent— Mr W. M. Thomson. Agent— Mr John Ross, S.S.C.