Bremner Petitioner [1900] ScotLR 37_852 (30 June 1900)

Bremner Petitioner [1900] ScotLR 37_852 (30 June 1900)

The failure to pay five shillings in the pound was due to circumstances beyond the bankrupt's control, specifically the depression in the cycle trade, and not to any culpable conduct; therefore, discharge should be granted.

Citation
[1900] ScotLR 37_852
Parties
Petitioner: John M'Gregor Bremner; Trustee: William Brodie Galbraith
Jurisdiction
Scotland
Judgment Date
30 June 1900
Procedural Posture
Bankruptcy Discharge Petition / Appeal From Sheriff Substitute's Dismissal
Outcome
appeal allowed; discharge granted
Legal Topics
Sequestration, Discharge of Bankrupt, Failure to Pay Dividend, Trustee's Report, Judicial Discretion
Bankruptcy Sequestration Discharge of Bankrupt Failure to Pay Dividend Trustee's Report Judicial Discretion

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

John M'Gregor Bremner

Petitioner

William Brodie Galbraith

Trustee

Procedural Posture

Bankruptcy Discharge Petition / Appeal From Sheriff Substitute's Dismissal

Legal Issues

  1. 1 Is a bankrupt entitled to discharge when failure to pay five shillings in the pound is not due to circumstances for which he is responsible?
  2. 2 Is the trustee's report conclusive evidence for discharge under the Bankruptcy Acts?

Ratio Decidendi

The failure to pay five shillings in the pound was due to circumstances beyond the bankrupt's control, specifically the depression in the cycle trade, and not to any culpable conduct; therefore, discharge should be granted.

Court Disposition

appeal allowed; discharge granted

Orders

  • interlocutor recalled
  • prayer of petition granted