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Scottish Court of Session Decisions >>
John Love v The Creditors of Gavin Kempt. [1786] Mor 4948 (24 June 1786)
URL: http://www.bailii.org/scot/cases/ScotCS/1786/Mor1204948-048.html Cite as:
[1786] Mor 4948
Effect of purchasing Goods by Persons who know themselves to be Insolvent.
John Love v. The Creditors of Gavin Kempt
Date: 24 June 1786 Case No. No 48.
Found in conformity with the above.
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On the eve of Gavin Kempt's bankruptcy, Mr Love was desired to furnish goods to him; which, however, he refused to do, unless Kempt's father joined in the security.
Afterwards Gavin Kempt produced, though without any authority from his father, a letter of warranty, under the signature of ‘James Kempt and Son, ‘military agents, Leith;’ and the goods were forwarded.
A petition having been preferred for Mr Love, of the same purport with that occurring in the preceding case, the Lords were unanimously of opinion, That the circumstance of the letter of warranty alone was sufficient to annul the bargain, which had thus been made under a condition which could not be fulfilled.
The Lords ‘preferred John Love to the goods in question.’
For the petitioner, Ro. Cullen.For the creditors in general, Dean of Faculty.
N. B. Three other applications of a like nature were made at the same time, and attended with the same effect.
Fol. Dic. v. 3. p. 243. Fac. Col. No 279. p. 430.
*** In the same manner was decided the case Shepherd against Campbell Robertson and Company, 28th June 1795. See Appendix.
