BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mp. - The Anglo-Foreign Banking Co. [1879] ScotLR 16_731 (11 July 1879)
URL: http://www.bailii.org/scot/cases/ScotCS/1879/16SLR0731.html
Cite as: [1879] ScotLR 16_731, [1879] SLR 16_731

[New search] [Contents list] [Printable PDF version] [Help]


SCOTTISH_SLR_Court_of_Session

Page: 731

Court of Session Outer House.

Friday, July 11. 1879.

[ Lord Rutherfurd Clark.

16 SLR 731

Mp.—The Anglo-Foreign Banking Company.

Subject_1Process
Subject_2Multiplepoinding
Subject_3Where Decree given, but not extracted, in favour of Claimant who afterwards became Bankrupt
Subject_4Riding Claim by Creditors.
Facts:

In a multiplepoinding a riding claim was tendered on behalf of creditors of a claimant who had obtained decree for payment, but had not extracted it. The Lord Ordinary refused to allow the claim to be received, on the ground that he could not give two decrees for the same sum to different claimants, and that to render a riding claim admissible it must be lodged before the original claimant had obtained a decree for payment.

Counsel:

Counsel for Creditors of Claimant— J. C. Smith. Agent— A. Clark, S.S.C.

Counsel for other Claimants— Innes— Thorburn. Agents— Wallace & Foster, S.S.C.— Boyd, Macdonald, & Co., S.S.C.

1879


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1879/16SLR0731.html