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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Parish, &C. v Khones. [1775] 5 Brn 451 (23 February 1775) URL: http://www.bailii.org/scot/cases/ScotCS/1775/Brn050451-0438.html Cite as: [1775] 5 Brn 451 |
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[1775] 5 Brn 451
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 COMMISSION OF BANKRUPTCY IN ENGLAND, WHAT EFFECT IT HAS IN SCOTLAND.
Date: Parish, &C
v.
Khones
23 February 1775 Click here to view a pdf copy of this documet : PDF Copy
By the law of Bremen, the effects of a bankrupt are vested in the Senate, and the management committed to certain members chosen by the creditors. If any of the bankrupt’s creditors do not accede to this choice, they seem to be at liberty to attach the bankrupt’s effects in any other country where they can find them; but if they have acceded to this choice of trustees by voting in it, proving their debts before them, and demanding payment, or any other way sufficient to establish a proof of their accession, they are thereby precluded from taking separate measures in any other country for obtaining a preference over the other creditors. So found by Lord Monboddo, Ordinary, in a case between John Parish of Hamburgh, &c. against Messrs Jacob and John Khone, 23d February 1775; to which the Lords adhered, 21st February 1776; and again, after a hearing in presence, adhered, 7th August 1776.
The electronic version of the text was provided by the Scottish Council of Law Reporting