Carmichael's Trustee v Carmichael [1929] ScotCS CSIH_1 (26 January 1929)

Carmichael's Trustee v Carmichael [1929] ScotCS CSIH_1 (26 January 1929)

A creditor cannot prove a debt against a bankrupt's estate by relying on a written acknowledgment or evidence created by the bankrupt after the date of sequestration; such evidence is inadmissible against the general body of creditors, and the absence of pre-sequestration vouchers is fatal to the claim.

Citation
[1929] ScotCS CSIH_1
Parties
Appellant: Carmichael's Trustee; Respondent: Carmichael
Jurisdiction
Scotland
Judgment Date
26 January 1929
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute's Interlocutor
Outcome
appeal allowed
Legal Topics
Proof of Debt in Sequestration, Admissibility of Post Sequestration Evidence, Ranking of Creditors
Bankruptcy Civil Procedure Proof of Debt in Sequestration Admissibility of Post Sequestration Evidence Ranking of Creditors

Case Brief

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Parties

Carmichael's Trustee

Appellant

Carmichael

Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute's Interlocutor

Legal Issues

  1. 1 Whether a creditor can prove a loan against a bankrupt's estate by written acknowledgment made after sequestration
  2. 2 Whether post-sequestration evidence by the bankrupt is admissible to vouch a creditor's claim

Ratio Decidendi

A creditor cannot prove a debt against a bankrupt's estate by relying on a written acknowledgment or evidence created by the bankrupt after the date of sequestration; such evidence is inadmissible against the general body of creditors, and the absence of pre-sequestration vouchers is fatal to the claim.

Court Disposition

appeal allowed

Orders

  • Sheriff-substitute's interlocutors recalled
  • Trustee's original deliverance rejecting the claim restored