Inglis v. Rothfield [1920] ScotLR 567 (10 June 1920)

Inglis v. Rothfield [1920] ScotLR 567 (10 June 1920)

A promissory note granted to a money-lender for a money-lending transaction, being otherwise habile to warrant summary diligence, is not deprived of that character merely because liability under it may be examined under the Money-lenders Act 1900; summary diligence remains competent.

Citation
[1920] ScotLR 567
Parties
Complainer: Quentin Godfrey Inglis; Respondent: Henry Rothfield
Jurisdiction
Scotland
Judgment Date
10 June 1920
Procedural Posture
Note of Suspension of a Charge / Reclaiming Note Against Interlocutor
Outcome
The Court altered the interlocutor by substituting £1000 for £1750 as the sum for consignation or caution and adhered to the interlocutor as altered.
Legal Topics
Money Lending, Promissory Note, Summary Diligence, Money Lenders Act 1900
Commercial Law Banking Law Money Lending Promissory Note Summary Diligence Money Lenders Act 1900

Case Brief

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Parties

Quentin Godfrey Inglis

Complainer

Henry Rothfield

Respondent

Procedural Posture

Note of Suspension of a Charge / Reclaiming Note Against Interlocutor

Legal Issues

  1. 1 Whether a promissory note granted to a money-lender for a money-lending transaction can warrant summary diligence despite potential examination under the Money-lenders Act 1900

Ratio Decidendi

A promissory note granted to a money-lender for a money-lending transaction, being otherwise habile to warrant summary diligence, is not deprived of that character merely because liability under it may be examined under the Money-lenders Act 1900; summary diligence remains competent.

Court Disposition

The Court altered the interlocutor by substituting £1000 for £1750 as the sum for consignation or caution and adhered to the interlocutor as altered.

Orders

  • Consignation or caution limited to £1000 required for passing the note of suspension
  • Interlocutor otherwise adhered