Neilson Petitioner [1901] ScotLR 38_328 (12 February 1901)

Neilson Petitioner [1901] ScotLR 38_328 (12 February 1901)

The petitioner failed to prove that his inability to pay five shillings in the pound arose from circumstances beyond his control; instead, the evidence showed reckless speculation and borrowing, making him responsible for the failure. The statutory conditions for discharge were not fulfilled.

Citation
[1901] ScotLR 38_328
Parties
Petitioner: David Neilson; Objecting Creditor: Messrs Murray; Trustee: John Wishart
Jurisdiction
Scotland
Judgment Date
12 February 1901
Procedural Posture
Bankruptcy Discharge Petition / Appeal From Sheriff Court Decision
Outcome
appeal refused; discharge denied
Legal Topics
Sequestration, Discharge of Bankrupt, Onus of Proof, Failure to Pay Dividend
Bankruptcy Insolvency Sequestration Discharge of Bankrupt Onus of Proof Failure to Pay Dividend

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Parties

David Neilson

Petitioner

Messrs Murray

Objecting Creditor

John Wishart

Trustee

Procedural Posture

Bankruptcy Discharge Petition / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Whether the bankrupt is entitled to discharge despite failure to pay five shillings in the pound
  2. 2 Whether the failure to pay arose from circumstances for which the bankrupt cannot justly be held responsible

Ratio Decidendi

The petitioner failed to prove that his inability to pay five shillings in the pound arose from circumstances beyond his control; instead, the evidence showed reckless speculation and borrowing, making him responsible for the failure. The statutory conditions for discharge were not fulfilled.

Court Disposition

appeal refused; discharge denied

Orders

  • Prayer of petition refused in hoc statu
  • Sheriff's judgment affirmed