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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Macbean v. West End Clothiers Co., Ltd [1918] ScotLR 497 (19 February 1918) URL: http://www.bailii.org/scot/cases/ScotCS/1918/55SLR0497.html Cite as: [1918] SLR 497, [1918] ScotLR 497 |
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Page: 497↓
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A receiver and manager was appointed by the English Courts to a limited company registered in London and carrying on business in Scotland. A petitory action having been brought against the company the receiver and manager lodged answers. The pursuer pled that those answers were unauthorised, which plea was sustained by the Lord Ordinary. The defenders reclaimed and amended the record by adding averments to the effect that by the law of England the receiver's action in lodging answers had been validated, which averments rendered necessary a case to ascertain the English law. The Court, on the motion of the pursuer, ordained the defenders to find caution for the expenses of the cause by 15th February, and on 19th February, on the motion of the defenders, extended the time for finding caution to 5th March and limited the amount thereof to £300, reserving to the pursuer the right to apply to the Court at any future stage of the process for additional caution.
Duncan Alexander MacBean, pursuer, brought an action against the West End Clothiers Company, Limited, having their registered address in London and carrying on business at 3 North Bridge, Edinburgh, defenders, concluding for decree for £179, 8s. 4d., £20, 11s. 4d., and £353, 18s. 11d. with interest, which sums the pursuer alleged the defenders owed to Charles Cole Pitcher, formerly chairman and managing director of the defenders, who had assigned his rights against the defenders to the pursuer.
Defences were lodged for the defenders by a receiver and manager appointed by the English Courts, who averred that his powers superseded the powers of the directors.
The pursuer denied the receiver's authority to defend the action. He pleaded, inter alia—“2. There being no defences lodged by or on behalf of the company, decree should be granted as concluded for.”
On 19th June 1917 the Lord Ordinary (
The defenders reclaimed and amended the record by adding averments to the effect that by English law the receiver's action in lodging defences had been validated. Those averments rendered necessary a case for the ascertainment of the English law under the British Law Ascertainment Act 1859 (22 and 23 Vict. cap. 63).
On 5th February 1918 the Court recalled the interlocutor of the Lord Ordinary, and, on the motion of the pursuer, ordained the defenders to find caution for the expenses of the cause by the 15th February.
Thereafter the defenders moved that the time for finding caution should be extended and the amount limited. They referred to Harvey v. Farquhar, 1870, 8 Macph. 971.
On 19th February 1918 the Court extended the time for finding caution till 5th March 1918, and limited the amount thereof to £300, reserving to the pursuer the right to apply to the Court at any further stage of the process for additional caution, and to the defenders their answers thereto.
Counsel for the Pursuer— Constable, K.C.— Greenhill. Agents— Carment, Wedderburn, & Watson, W.S.
Counsel for the Defenders— Blackburn, K.C.— Leadbetter. Agent— Donald Mackenzie, S.S.C.