Murray's Trustee v. M'Intyre [1904] ScotLR 41_398 (12 March 1904)

Murray's Trustee v. M'Intyre [1904] ScotLR 41_398 (12 March 1904)

The sum of £900, being the price of the goodwill, is to be treated as being the proceeds partly of heritable and partly of moveable estate, as the goodwill in this case was not entirely attached to the premises but included personal elements.

Citation
[1904] ScotLR 41_398
Parties
Applicant: Richard M'Culloch (Murray's Trustee); Respondent: Douglas M'Intyre
Jurisdiction
Scotland
Judgment Date
12 March 1904
Procedural Posture
Special Case Stated / Judgment
Outcome
The Court answered the third question of law in the affirmative, holding the sum is partly heritable and partly moveable estate.
Legal Topics
Goodwill, Heritable and Moveable Property, Public House Business, Allocation of Proceeds
Property Law Insolvency Law Goodwill Heritable and Moveable Property Public House Business Allocation of Proceeds

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Parties

Richard M'Culloch (Murray's Trustee)

Applicant

Douglas M'Intyre

Respondent

Procedural Posture

Special Case Stated / Judgment

Legal Issues

  1. 1 Whether the sum of £900, being the price of goodwill, is wholly moveable, wholly heritable, or partly heritable and partly moveable estate.

Ratio Decidendi

The sum of £900, being the price of the goodwill, is to be treated as being the proceeds partly of heritable and partly of moveable estate, as the goodwill in this case was not entirely attached to the premises but included personal elements.

Court Disposition

The Court answered the third question of law in the affirmative, holding the sum is partly heritable and partly moveable estate.

Orders

  • The sum of £900 is to be allocated as agreed by the parties, in proportions reflecting its partly heritable and partly moveable character.