Laird v. Scott [1914] ScotLR 795 (02 February 1914)

Laird v. Scott [1914] ScotLR 795 (02 February 1914)

On proof of payment of the debts charged for and on consignation of the petitioner's debt and payment of reasonable expenses, the respondent is entitled to dismissal of the sequestration petition under section 29 of the Bankruptcy (Scotland) Act 1913.

Citation
[1914] ScotLR 795
Parties
Petitioner: James Laird; Respondent: Miss Jessie Scott
Jurisdiction
Scotland
Judgment Date
02 February 1914
Procedural Posture
Bankruptcy Petition / First Instance, Outer House
Outcome
petition dismissed on conditions
Legal Topics
Sequestration, Expired Charge, Satisfaction of Debt, Bankruptcy (scotland) Act 1913 Section 29
Bankruptcy Insolvency Sequestration Expired Charge Satisfaction of Debt Bankruptcy (scotland) Act 1913 Section 29

Case Brief

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Parties

James Laird

Petitioner

Miss Jessie Scott

Respondent

Procedural Posture

Bankruptcy Petition / First Instance, Outer House

Legal Issues

  1. 1 Whether payment after expiry of charge satisfies the requirements to dismiss a sequestration petition under section 29 of the Bankruptcy (Scotland) Act 1913
  2. 2 Whether consignation of the debt and expenses entitles the respondent to dismissal of the petition

Ratio Decidendi

On proof of payment of the debts charged for and on consignation of the petitioner's debt and payment of reasonable expenses, the respondent is entitled to dismissal of the sequestration petition under section 29 of the Bankruptcy (Scotland) Act 1913.

Court Disposition

petition dismissed on conditions

Orders

  • Respondent to consign £275 with the Accountant of Court
  • Respondent to pay 12 guineas to the petitioner for expenses