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Scottish Court of Session Decisions >>
Andrew M'Farlan, Merchant in Edinburgh, v Alexander Cowie. [1705] Mor 798 (31 July 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Mor0200798-143.html Cite as:
[1705] Mor 798
Andrew M'Farlan, Merchant in Edinburgh, v. Alexander Cowie
Date: 31 July 1705 Case No. No 143.
An arrestment upon a registered contract was loosed upon caution, the obligation in it being general and illiquid.
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Andrew Macfarlan and Alexander Cowie having, in September 1704, by a contract of copartnery, mutually obliged themselves to stock in equally in money and goods to a certain value, to be employed in trade for their joint use, and to be equal gainers and losers; and their affairs falling into disorder in December thereafter, so as they were forced to retire to the Abbey for sanctuary: M'Farlan, after they had compounded with their creditors, caused registrate the contract, raised horning thereon, and arrested all Cowie's effects: Which arrestment, though proceeding on a registrate contract, that was a kind of decreet, the Lords allowed to be loosed upon caution; because the charge being general, and for no liquid sum, is of the nature of a depending action.
