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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Union Bank of Scotland Petitioners [1891] ScotLR 29_102 (13 November 1891)
URL: http://www.bailii.org/scot/cases/ScotCS/1891/29SLR0102.html
Cite as: [1891] SLR 29_102, [1891] ScotLR 29_102
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SCOTTISH_SLR_Court_of_Session
Page: 102↓
Court of Session Inner House First Division.
Facts:
On November 3rd 1891 the Sheriff-Substitute of Kirkcudbright, on the petition of the Union Bank of Scotland, sequestrated the estates of Thomas Porter Campbell, and appointed the creditors to hold a meeting on 12th November for the election of a trustee and commissioners. On 6th November the usual notices were inserted in the Edinburgh and London Gazettes, but no meeting was held on the 12th, it being thought that sufficient notice had not been given in terms of the Bankruptcy Act. The Union Bank then presented a petition to the First Division of the Court, praying the Court to appoint a meeting of creditors to be held on a certain date for the election of a trustee and commissioners, and to grant warrant for advertising the meeting in usual form.
The Court granted the prayer of the petition, but found that the expenses of the petition were not to be made a charge against the bankrupt's estate.
Counsel for the Petitioners— Dewar. Agents— Ronald & Ritchie, S.S.C.