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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Joseph Cave. [1737] 2 Elchies 61 (16 February 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020061-009.html |
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Subject_1 BANKRUPT.
Date: Creditors of Joseph Cave
16 February 1737
Case No.No. 9.
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Joseph Cave broke January 21, 1735, after purchasing and malting barley from sundry persons; and in a competition for that barley, and reduction of the sale ex capite fraudis, it was found, 1mo, That the specification by malting did not bar the reduction. 2do, Found not relevant to reduce the bargain of sale, which was in October 1734, that by his books it appears that he was then insolvent; in respect that he continued his trade, and his insolvency was not discovered till January 21, 1735.—But upon a reclaiming bill, the Lords thought that it was only the delivery that completed the sale, which was at different times, and found the sale void as to any barley upon or after January 18, three days before the open bankruptcy. (See Dict. No. 41, p. 4936.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
