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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Kinnie and Others, Merchants in Glasgow, v Forresters, Pedlars. [1748] 5 Brn 235 (23 July 1748) URL: http://www.bailii.org/scot/cases/ScotCS/1748/Brn050235-0220.html Cite as: [1748] 5 Brn 235 |
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[1748] 5 Brn 235
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: M'Kinnie and Others, Merchants in Glasgow,
v.
Forresters, Pedlars
23 July 1748 Click here to view a pdf copy of this documet : PDF Copy
George and Robert Forresters having been transmitted from Glasgow to the tolbooth of Edinburgh, as mentioned voce Summary Application, 23d Dec. 1747, the creditors, John M'Kinnie and others, merchants in Glasgow, in order to bring the matter into the shape of a regular process, raised a summons against them of fraudulent bankruptcy, wherein, upon advising the proof, the Lords “found the charge of fraudulent bankruptcy proved against George, and that Robert had been aider and assister to him therein ; and, therefore, liable nomine damni in the debts contracted by George;” and as the Lords were clear that the statute strikes no
less against such as are aiders of, and participant with, the fraudulent bankrupt, than it does against himself; and so it had formerly been found in the case of Sir John Gordon of Embo, and M'Kay of Scourie; “they appointed both the said Robert and George Forresters to be carried back to the prison of Glasgow, there to remain till the 10th of August, and on that day to be set for an hour at mid-day on the pillory, with a paper on their breasts bearing this inscription, fraudulent bankrupt, and to be returned to prison, there to remain till the magistrates should find an occasion for transporting them to one or other of the plantations in America, there to remain for the space of seven years, &c.” What should be thought fraudulent bankruptcy, in order to punishment, was in general observed to be a matter of some delicacy; but in this case the circumstances were too strong to admit of a doubt, though none of those concurred, which only the act 1621 mentions, as what were not mentioned with a view to limit the evidence to these, but as instances at the time most frequent, and which gave rise to the law.
Kilkerran, p. 54.
The electronic version of the text was provided by the Scottish Council of Law Reporting
