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William Maccubbin v Thomson and Others, his Creditors. [1785] Mor 11793 (12 July 1785)
URL: http://www.bailii.org/scot/cases/ScotCS/1785/Mor2811793-108.html Cite as:
[1785] Mor 11793
William Maccubbin v. Thomson and Others, his Creditors
Date: 12 July 1785 Case No. No 108.
The benefit refused, if the bankruptcy be occasioned by extravagance.
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Mr Maccubbin, when suing for the benefit of the law in the process of cessio bonorum, was opposed by his Creditors, on this ground, That though there had not arisen any suspicion of fraudulent concealment of his effects, yet that his insolvency had proceeded, not from unforeseen losses, but merely from an expensive style of living, unsuitable to his income, and inconsistent with any reasonable prospect of paying the debts he contracted.
The majority of the Court considered the above as a sufficient reason for with holding that flebile remedium; and therefore,
The Lords found, “That the pursuer was not entitled to the benefit in question.”
Act. Honyman.Alt. H. Erskine.
Fol. Dic. v. 4. p. 140. Fac. Col. No 220. p. 347.
