Scottish Court of Session Decisions

Subject_1Bankruptcy
Subject_2Procedure where Trustee Removed
Subject_3Trustee
Subject_4Removal of Trustee — Meeting of Creditors to be Called by Accountant in Bankruptcy — Bankruptcy (Scotland) Act 1865 (19 and 20 Vict. c. 79), secs. 159, 161. Headnote:

On 9th December 1880 James Davie, merchant, Dundee, was appointed trustee on the sequestrated estates of William Ireland, merchant, Dundee. On 24th May 1882 Mr George Auldjo Esson, Accountant in Bankruptcy, reported to the First Division of the Court of Session, under sections 159 and 161 of the Bankruptcy (Scotland) Act 1856, that the trustee had failed to perform his duties—“First, in so far as he has failed for over three years to take possession of the bankrupt's estate and effects, and to realise and recover the same, as provided by section 80 and the other sections of said Bankruptcy Statute.” “Second, that he never called a second meeting of the creditors, or prepared and submitted to them a report, in terms of section 96 of said statute.”

Intimation was made to the trustee, who lodged answers, but did not appear at the hearing.

The Court, after hearing counsel for the Accountant, pronounced this interlocutor:—

“The Lords having considered the report of the Accountant in Bankruptcy and heard counsel thereon, remove the said James Davie mentioned in the report from the office of trustee on the sequestrated estates mentioned in the Accountant's report, and decern: Appoint the said Accountant to call a meeting of the creditors for the election of a new trustee, at Dundee, on Friday 27th curt, at 1 o'clock p.m., and appoint the Sheriff-Substitute to preside at the said meeting: Find the said James Davie liable in expenses to the Accountant in Bankruptcy,” &c.