Burrell v. Burrell's Trustees and Others [1916] ScotLR 590 (31 May 1916)

Burrell v. Burrell's Trustees and Others [1916] ScotLR 590 (31 May 1916)

There was no concursus debiti et crediti between the complainer and the defenders; compensation was inadmissible and the note of suspension was refused.

Source-derived case information.

Citation
[1916] ScotLR 590
Parties
Complainer: Henry Burrell; Respondents: George Burrell, shipowner, and another, trustees of the late Mrs Isabella Guthrie or Burrell; Respondents: William Burrell, shipowner, Glasgow, as individual, and Mrs C. Mitchell or Burrell, his wife; Respondents: Ten steamship companies
Jurisdiction
Scotland
Judgment Date
31 May 1916
Procedural Posture
Note of Suspension of a Charge Upon a Decree for Expenses / Reclaiming Note Before Inner House, Second Division
Outcome
note of suspension refused; reclaiming note refused; decree adhered
Legal Topics
Concursus Debiti Et Crediti, Set Off, Decree for Expenses, Legacy
Compensation Trusts and Estates Civil Procedure Concursus Debiti Et Crediti Set Off Decree for Expenses Legacy

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Parties

Henry Burrell

Complainer

George Burrell, shipowner, and another, trustees of the late Mrs Isabella Guthrie or Burrell

Respondents

William Burrell, shipowner, Glasgow, as individual, and Mrs C. Mitchell or Burrell, his wife

Respondents

Ten steamship companies

Respondents

Procedural Posture

Note of Suspension of a Charge Upon a Decree for Expenses / Reclaiming Note Before Inner House, Second Division

Legal Issues

  1. 1 Whether compensation (set-off) is admissible where a legacy is due by one of several defenders and decree for expenses is in favour of all
  2. 2 Whether there is concursus debiti et crediti between the complainer and the defenders

Ratio Decidendi

There was no concursus debiti et crediti between the complainer and the defenders; compensation was inadmissible and the note of suspension was refused.

Court Disposition

note of suspension refused; reclaiming note refused; decree adhered

Orders

  • Refused the note of suspension
  • Adhered to the Lord Ordinary's decree