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Scottish Court of Session Decisions >>
Blackwood v Cathcart. [1763] Mor 4579 (22 July 1763)
URL: http://www.bailii.org/scot/cases/ScotCS/1763/Mor1104579-097.html Cite as:
[1763] Mor 4579
Effect of the Lord Chancellor's Certificate of Conformity.
Blackwood v. Cathcart
Date: 22 July 1763 Case No. No 97.
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John Cathcart, merchant in London, a bankrupt, having obtained the usual certificate of conformity, was afterwards sued in Scotland by Alexander Blackwood, one of his creditors, who had received his dividend under the commission, but who alleged that Cathcart had been guilty of a fraudulent concealment by not giving up a subject belonging to him in Scotland. The Court repelled the defence, upon the certificate.
1765. February 26.——Upon an appeal this judgment was reversed, as the omission did not appear to be fraudulent.—See Appendix.
