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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forsyth, Petitioner [1883] ScotLR 20_717 (29 June 1883)
URL: http://www.bailii.org/scot/cases/ScotCS/1883/20SLR0717.html
Cite as: [1883] ScotLR 20_717, [1883] SLR 20_717
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SCOTTISH_SLR_Court_of_Session
Page: 717↓
Court of Session Inner House First Division.
Facts:
Where intimation of a sequestration and of an appointed meeting of creditors was omitted to be published in the gazette, the Court, upon the petition of a creditor more than eight months thereafter, granted authority to re-advertise the sequestration, and appointed it to proceed as if it had been then of new awarded.
On 14th October 1882, Lord Kinnear, Ordinary officiating on the Bills, in a petition at the instance of James Simson & Sons, brewers, St Mary's Brewery, Edinburgh, pronounced an interlocutor sequestrating the estates of James Ritchie &Company, wine and spirit merchants, 48 Nicolson Street, Edinburgh, and of James Ritchie and Thomas Ritchie, both wine and spirit merchants there, the individual partners of that company, as such partners and as individuals, and appointed their creditors to hold a meeting on Tuesday, 24th October 1882, at two o'clock afternoon, within Dowell's Rooms, No. 18 George Street, Edinburgh, to elect a trustee on the estates of the said company and individual partners, or separate trustees or trustees in succession. and commissioners, as directed by the statutes.
In this petition it was stated that intimation of said sequestration and of said meeting of creditors was never published in the Edinburgh and London Gazettes; and that the said James Simson & Sons having withdrawn from said process of sequestration, and having failed to follow forth the proceedings therein, David Forsyth, solicitor, Supreme Courts, Edinburgh, a creditor, was on June 26, 1883, sisted in their room and place, in terms of the Bankruptcy (Scotland) Act 1856, section 34.
In these circumstances it was necessary to appoint another meeting of creditors to be held for the appointment of a trustee and commissioners, and to have notice of same advertised in the said gazettes.
The Court was accordingly craved to grant authority to advertise and publish the said sequestration in the Edinburgh and London Gazettes, and of new to appoint the creditors to hold a meeting on Monday the 9th day of July 1883 to elect a trustee on the estates of the firm and individual partners of said firm, or separate trustees or trustees in succession, and commissioners, as directed by the statutes, and to appoint the sequestration to proceed as if it had been now of new awarded.
Authorities— Fife, Feb. 17, 1844, 6 D. 686; Bankruptcy Act 1856 (19 and 20 Vict. cap. 79), secs. 125, 128.
The Court granted the prayer of the petition.
Counsel for Petitioner— Rhind. Agent— D. Forsyth, S.S.C.