Duke Petitioner [1903] ScotLR 41_156 (08 December 1903)
Section 86 does not authorise summary proceedings for payment of a debt to an individual creditor; the petition is incompetent and irrelevant as it seeks payment rather than an account of intromissions or acts of mismanagement.
- Citation
- [1903] ScotLR 41_156
- Parties
- Petitioner: Guy Duke; Respondent: Francis More
- Jurisdiction
- Scotland
- Judgment Date
- 08 December 1903
- Procedural Posture
- Petition / Reclaiming Motion Against Dismissal
- Outcome
- petition dismissed as incompetent and irrelevant; interlocutor of Lord Ordinary adhered to
- Legal Topics
- Trustee Liability, Procedure Under Bankruptcy (scotland) Act 1856, Claims by Retired Trustee, Competency of Summary Process
Case Brief
Summary, issues, holding and outcome
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Parties
Guy Duke
Petitioner
Francis More
Respondent
Procedural Posture
Petition / Reclaiming Motion Against Dismissal
Legal Issues
- 1 Whether a retired trustee can recover payment by summary petition under section 86 of the Bankruptcy (Scotland) Act 1856
- 2 Whether section 86 authorises payment of a debt to an individual creditor by summary process
- 3 Whether the petitioner's claim is competent and relevant
Ratio Decidendi
Section 86 does not authorise summary proceedings for payment of a debt to an individual creditor; the petition is incompetent and irrelevant as it seeks payment rather than an account of intromissions or acts of mismanagement.
Court Disposition
petition dismissed as incompetent and irrelevant; interlocutor of Lord Ordinary adhered to
Orders
- petition dismissed
- interlocutor of Lord Ordinary adhered to
Full Case Text
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