Baird (Liquidator of David Gillies & Sons, Ltd) v. Gillies and Others [1906] ScotLR 43_322 (27 January 1906)

Baird (Liquidator of David Gillies & Sons, Ltd) v. Gillies and Others [1906] ScotLR 43_322 (27 January 1906)

An arrestment in the hands of a liquidator, described only in his private capacity and not as liquidator, is ineffectual to attach funds due by the company in liquidation. Misdescription of the arrestee's capacity is fatal to the validity of the arrestment.

Citation
[1906] ScotLR 43_322
Parties
Nominal Raiser: Baird (Liquidator of David Gillies & Sons, Limited); Real Raiser/appellant: Stirling; Respondent/claimant: Burns; Claimant/appellant: Gillies; Claimant: Harper
Jurisdiction
Scotland
Judgment Date
27 January 1906
Procedural Posture
Multiplepoinding / Appeal From Sheriff Substitute to Inner House, Court of Session
Outcome
Appeal sustained; claim for Burns repelled; case remitted to the Sheriff for further procedure.
Legal Topics
Arrestment, Liquidation, Multiplepoinding, Debt Recovery
Insolvency Civil Procedure Arrestment Liquidation Multiplepoinding Debt Recovery

Case Brief

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Parties

Baird (Liquidator of David Gillies & Sons, Limited)

Nominal Raiser

Stirling

Real Raiser/appellant

Burns

Respondent/claimant

Gillies

Claimant/appellant

Harper

Claimant

Procedural Posture

Multiplepoinding / Appeal From Sheriff Substitute to Inner House, Court of Session

Legal Issues

  1. 1 Whether an arrestment in the hands of a liquidator, described only in his private capacity, is effectual to attach funds due by the company in liquidation to a creditor.
  2. 2 Whether misdescription of the arrestee's capacity invalidates the arrestment.

Ratio Decidendi

An arrestment in the hands of a liquidator, described only in his private capacity and not as liquidator, is ineffectual to attach funds due by the company in liquidation. Misdescription of the arrestee's capacity is fatal to the validity of the arrestment.

Court Disposition

Appeal sustained; claim for Burns repelled; case remitted to the Sheriff for further procedure.

Orders

  • Sustained the appeal.
  • Repelled the claim for Burns.