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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Buchanan v. Weir [1876] ScotLR 14_18 (18 October 1876)
URL: http://www.bailii.org/scot/cases/ScotCS/1876/14SLR0018.html
Cite as: [1876] ScotLR 14_18, [1876] SLR 14_18
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SCOTTISH_SLR_Court_of_Session
Page: 18↓
Court of Session Inner House First Division.
[
v.
Facts:
In an action of partnership accounting decree was given by the Lord Ordinary against the defender, which if it became final would have the effect of rendering, him insolvent. On his presenting a reclaiming note, held that the circumstances did not warrant the Court in ordaining him to find caution for expenses.
This was an action of accounting, in which Alexander Weir, manufacturer, Ayr, was pursuer, and Moses Buchanan, commission agent, Glasgow, was defender. The matters in dispute had arisen out of a number of cash transactions—bills and promissory notes, &c.—which had passed between the two, and after a remit to an accountant to examine the accounts and vouchers the Lord Ordinary pronounced decree against the defender for £1510. The defender reclaimed against this judgment, and when the reclaiming note was called in the Single Bills the pursuer moved that the defender be ordained to find caution, on the ground that he was insolvent (cf. Maxwell v. Maxwell, 3d March 1874, 9.D. 797).
The defender admitted that the effect of the decree of the Lord Ordinary if it became final would be to render him insolvent, but, on the other hand, if that interlocutor was recalled, and judgment given in terms of his pleas-in-law, he would not be insolvent.
At advising—
Page: 19↓
Counsel for Pursuer— Scott. Agent— John Galletly, S.S.C.
Counsel for Defender— C. J. Guthrie. Agents— Boyd, Macdonald, & Lowson, S.S.C.