Henderson v. Henderson's Trustees [1901] ScotLR 38_639 (01 June 1901)

Henderson v. Henderson's Trustees [1901] ScotLR 38_639 (01 June 1901)

The respondents were not premature in printing as they communicated with the reclaimers, who did not discourage printing; thus, full expenses for printing were justified.

Citation
[1901] ScotLR 38_639
Parties
Petitioners/reclaimers: Alexander Henderson and others; Respondents: William John Menzies, W. S., and John Henry Robertson, stockbroker (Trustees)
Jurisdiction
Scotland
Judgment Date
01 June 1901
Procedural Posture
Petition for Sequestration of Trust Estates / Reclaiming Note (appeal) Withdrawn Before Hearing
Outcome
Reclaimers found liable in £6, 6s. of modified expenses.
Legal Topics
Expenses, Withdrawal of Appeal, Sequestration of Trust Estate
Civil Procedure Trusts and Estates Expenses Withdrawal of Appeal Sequestration of Trust Estate

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Parties

Alexander Henderson and others

Petitioners/reclaimers

William John Menzies, W. S., and John Henry Robertson, stockbroker (Trustees)

Respondents

Procedural Posture

Petition for Sequestration of Trust Estates / Reclaiming Note (appeal) Withdrawn Before Hearing

Legal Issues

  1. 1 Whether respondents are entitled to full expenses after reclaiming-note withdrawn
  2. 2 Whether respondents acted prematurely in printing documents

Ratio Decidendi

The respondents were not premature in printing as they communicated with the reclaimers, who did not discourage printing; thus, full expenses for printing were justified.

Court Disposition

Reclaimers found liable in £6, 6s. of modified expenses.

Orders

  • Reclaimers to pay £6, 6s. to respondents as expenses.