Scottish Court of Session Decisions

The pursuer, as creditor of John Grant, timber merchant in Wales, raised a reduction of certain transfers of a vessel named “Skylark.” He called as defenders—1, the said John Grant, who had at one time been the owner, and who had executed a transfer in favour of a Mr R. H. Macdonald, residing in Glasgow; 2, the said R. H. Macdonald; 3, the pupil children of the said John Grant, in whose favour Macdonald had executed a transfer. The action sought to have set aside the transfer by Grant to Macdonald, and that by Macdonald to Grant's children, on the ground that they were all granted for the purpose of defrauding Grant's creditors. Grant's children being resident in Wales, they were ordered by the Lord Ordinary to sist a mandatory. They accordingly sisted a Mr Johnston. The pursuers then lodged the following note of objections to the mandatory:—

“ Pattison for the pursuer, objected to the sufficiency of the mandatory proposed by the defenders, who is named and designed in the mandate, ‘Mr James Johnston, insurance agent, residing at East Drummond Street, Edinburgh.’ The said mandatory has no known or ostensible business or means. His name is not in the ‘Edinburgh Directory,’ nor has he any place of business. Acting on the information of the defender's agent, who gave his description as ‘collector and insurance agent, No. 23 East Drummond Street,’ the pursuer's agent made inquiries at that address. He found that the house where he resides consists of a garret at the top of a common stair, having all the appearance of poverty and wretchedness. There is no name-plate on the door, the bell-wire is broken; and the only person in the neighbourhood who had any knowledge of Mr James Johnston stated he believed him to be a collector for a burial society. Nobody else knew anything of him. He does not, so far as the pursuer can learn, represent or act for any insurance office.”

Lord Kinloch pronounced the following interlocutor:—

“19th June 1867.—The Lord Ordinary having heard parties' procurators on the minute for the pursuer, No. 22 of process, remits to the Sheriff of Edinburghshire to inquire into the sufficiency of the proposed mandatory, and to report.

(Signed) “ W. Penney.”

The Sheriff issued the following report:—

“Edinburgh, June 25, 1867.—The Sheriff has directed inquiry through the Sheriff-clerk as to the sufficiency as mandatory of James Johnston, and the result of the inquiries made is the following:—Johnston resides in the fifth flat of No. 23 East Drummond Street. There is no name-plate on the

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door, and the bell-wire is broken. He has a small house of two rooms and kitchen, and the house appeared tolerably well furnished for a house of the kind. The rent was mentioned £10 or £10, 10s. per annum. He is employed, and has been so for about ten days, as canvasser, under Mr M'Cormick, agent for the City of Glasgow Friendly Society, residing at 135 High Street, and receives from 5s. to £1 per week varying according to the number of insurances effected. Previous to this, anti for some time, he was employed in a similar way by Mr Angus M'Kay, 4 Hill Place, agent for the Scottish Legal Insurance Company, and by Mr Geddes, St John Street, agent for the British Legal Insurance Company, and his wages when in these employments might be about £1 per week. None of the persons from whom this information was obtained had any knowledge that Johnston is a man of means, or thought he was in circumstances to be accepted as mandatory, “ Archd. Davidson.”