Black v. Humphrey [1911] ScotLR 568 (07 March 1911)

Black v. Humphrey [1911] ScotLR 568 (07 March 1911)

By majority, the Court held that section 6 of the Debtors (Scotland) Act 1880 applies to all cases where imprisonment is incompetent under the Act, including debts previously exempt under the Small Debt (Scotland) Act 1835. Notour bankruptcy can be constituted by insolvency concurring with an expired charge for payment, even for debts under £8, 6s. 8d., without the need for further diligence. The statutory language and legislative intent support a comprehensive application, and the prior distinction between small and large debts is not maintained under the 1880 Act.

Citation
[1911] ScotLR 568
Parties
Pursuer/respondent: Robert Black; Defender/appellant: Miss Barbara Sutherland Humphrey
Jurisdiction
Scotland
Judgment Date
07 March 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff Court at Edinburgh to Court of Session Inner House (second Division), Heard Before Seven Judges
Outcome
appeal dismissed; interlocutor of the Sheriff-Substitute affirmed
Legal Topics
Notour Bankruptcy, Constitution of Notour Bankruptcy, Imprisonment for Debt, Debtors (scotland) Act 1880, Bankruptcy (scotland) Act 1856, Small Debt (scotland) Act 1835, Cessio Bonorum
Bankruptcy Civil Procedure Notour Bankruptcy Constitution of Notour Bankruptcy Imprisonment for Debt Debtors (scotland) Act 1880 Bankruptcy (scotland) Act 1856 Small Debt (scotland) Act 1835 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Robert Black

Pursuer/respondent

Miss Barbara Sutherland Humphrey

Defender/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff Court at Edinburgh to Court of Session Inner House (second Division), Heard Before Seven Judges

Legal Issues

  1. 1 Does section 6 of the Debtors (Scotland) Act 1880 apply to all cases where imprisonment is incompetent, including debts previously exempt under the Small Debt (Scotland) Act 1835?
  2. 2 Can notour bankruptcy be constituted against a debtor for a sum under £8, 6s. 8d. by expiry of a charge without payment, without further diligence?

Ratio Decidendi

By majority, the Court held that section 6 of the Debtors (Scotland) Act 1880 applies to all cases where imprisonment is incompetent under the Act, including debts previously exempt under the Small Debt (Scotland) Act 1835. Notour bankruptcy can be constituted by insolvency concurring with an expired charge for payment, even for debts under £8, 6s. 8d., without the need for further diligence. The statutory language and legislative intent support a comprehensive application, and the prior distinction between small and large debts is not maintained under the 1880 Act.

Court Disposition

appeal dismissed; interlocutor of the Sheriff-Substitute affirmed

Orders

  • The appeal is dismissed.
  • The interlocutor of the Sheriff-Substitute is affirmed.