BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
John Corrie and Son v The Trustees for James Calder's Creditors. [1761] Mor 14596 (24 January 1761)
URL: http://www.bailii.org/scot/cases/ScotCS/1761/Mor3314596-032.html Cite as:
[1761] Mor 14596
The Company Stock of a Bankrupt Partner is liable primario to the Company Debts; but not to a Debt due to another Partner individually.
John Corrie and Son v. The Trustees for James Calder's Creditors
Date: 24 January 1761 Case No. No. 32.
Creditors to a company preferable on the company's subjects to the private creditors of one of the partners.
Click here to view a pdf copy of this documet : PDF Copy
John Corrie and Son having sold goods to Rob and Calder in company, and the company having become bankrupt, Calder assigned his share in it to trustees for behoof of his creditors.
Corrie and Son pursued these trustees, before the Magistrates of Glasgow, for their debt, and insisted upon a preference before the private creditors of Calder; because the only subject of the company which Calder could assign to his trustees, was his share of the company's effects, after it was cleared of the company's debts; for, till then, it was not his estate, but the estate of the company.
The Magistrates of Glasgow found, “That the debts due by persons in society and copartnership, for subjects furnished to the copartnership, could not be affected for the debts due by any of the persons in the copartnership on their proper account, until the debts furnished to the company be paid.”
In a suspension of this decreet, “the Lords found the letters orderly proceeded.”
Act. Miller, Dalrymple.Alt. Lockhart, Ferguson.Clerk, Home.
Fol. Dic. v. 4. p. 288. Fac. Coll. No. 11. p. 18.
