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Scottish Court of Session Decisions >>
James Inglis v William Jamieson, and Others, Creditors of George Hamilton. [1775] Mor 13366 (25 January 1775)
URL: http://www.bailii.org/scot/cases/ScotCS/1775/Mor3113366-053.html Cite as:
[1775] Mor 13366
Who bears the Expense of a Ranking and Sale? - Election of the Common Agent. - Can the Common Agent be a Purchaser? - Expense of an interim Warrant.
James Inglis v. William Jamieson, and Others, Creditors of George Hamilton
Date: 25 January 1775 Case No. No 53.
Ratihabitio æquiparitur mandato, applicable to the case of an election of a common agent, in consequence of the act of sederunt, January 17. 1756.
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In a competition for the office of common agent, in a process of ranking and sale of a bankrupt estate, the Lord Ordinary pronounced the following interlocutor: “Having considered the debate, and, more particularly, that it is agreed there is but one creditor who voted for Mr Hay, and that, on the other hand, besides Mr Wilson himself, who is admitted to be a creditor, there are three creditors for whom Mr Wilson appears to be agent, having their interests in his hands, and in their names he voted for himself; finds, That, though there is no special power from these three to vote in the election, yet there is enough to cast the balance between the two unexceptionable votes, as it is not alleged any of the absent people are for Mr Hay; but appoints Mr Wilson, betwixt and the first sederunt day of January, to produce an approbation of his election by the absent creditors for whom he is agent.”
Inglis reclaimed against this judgment; but the Court adhered, moved chiefly by a circumstance stated in the answers, viz. That the respondents have, by writings under their hands, specially consented to and approved of Mr Wilson, as the common agent.
Act. Armstrong.Alt. Morthland.
Fac Col. No 153. p. 18.
