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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Morsion v Strichen. [1747] 2 Elchies 64 (5 December 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Elchies020064-022.html

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[1747] 2 Elchies 64      

Subject_1 BANKRUPT.

Thomas Morsion
v.
Strichen

1747. December 5, 8.
Case No. No. 22.

Effect of the Chancellor's certificate.


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Thomas Gordon, merchant in Aberdeen, in January and February 1744, remitted to Morison, merchant in London, a bill and a parcel of of stockings, to be applied in payment of a bill due by Gordon to one in London. Morison sold the stockings and discounted the bill, but did not pay Gordon's bill, and broke in March 1744. In April a commission of bankruptcy went out against him, and he obtained the Chancellor's certificate of his having complied with the statute. Gordon took a decreet against him in this Court; and Morison having come to Scotland, Gordon took him with caption. Morison presented a bill of suspension and liberation, and quoted the two precedents on the preceding page, The Court was divided in opinion, but upon the question past the bill upon caution judicio sisti, when he shall be called for. Referente Strichen. See Foreign.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1747/Elchies020064-022.html