Thomson v. Thomson & Co. [1902] ScotLR 39_715 (12 June 1902)

Thomson v. Thomson & Co. [1902] ScotLR 39_715 (12 June 1902)

Once the trustee has admitted a creditor's claim and no appeal is taken, the deliverance is final and the trustee is statutorily bound to pay the dividend. The alimentary nature of the annuity does not bar the obligant from receiving a dividend as a creditor from the sequestrated estate. An interdict to prevent such payment is incompetent.

Citation
[1902] ScotLR 39_715
Parties
Pursuer/respondent: William Thomson; Defender/appellant: William Thomson & Company; Defender: William Ramage (Trustee)
Jurisdiction
Scotland
Judgment Date
12 June 1902
Procedural Posture
Civil Appeal (bankruptcy/sequestration) / Appeal From Sheriff to Court of Session Inner House, Second Division
Outcome
appeal sustained; interlocutor of Sheriff recalled; action dismissed
Legal Topics
Sequestration, Alimentary Annuity, Personal Bar, Dividend Distribution, Res Judicata, Statutory Procedure
Bankruptcy Contract Law Scots Law Sequestration Alimentary Annuity Personal Bar Dividend Distribution Res Judicata +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 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

William Thomson

Pursuer/respondent

William Thomson & Company

Defender/appellant

William Ramage (Trustee)

Defender

Procedural Posture

Civil Appeal (bankruptcy/sequestration) / Appeal From Sheriff to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether a creditor who is also the obligant of an alimentary annuity can claim a dividend from sequestrated funds derived solely from that annuity
  2. 2 Whether an interdict against the trustee paying such a dividend is competent after the trustee's deliverance has not been appealed
  3. 3 Whether the alimentary nature of the annuity bars the obligant from claiming a dividend

Ratio Decidendi

Once the trustee has admitted a creditor's claim and no appeal is taken, the deliverance is final and the trustee is statutorily bound to pay the dividend. The alimentary nature of the annuity does not bar the obligant from receiving a dividend as a creditor from the sequestrated estate. An interdict to prevent such payment is incompetent.

Court Disposition

appeal sustained; interlocutor of Sheriff recalled; action dismissed

Orders

  • Interlocutor of the Sheriff recalled
  • Interlocutor of the Sheriff-Substitute affirmed