Scottish Law Review and Sheriff Court Reports Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... sold, a considerable surplus would be shown after all liabilities FlfB ""1"were met. The increasing depression of trade and other causes IpeltitTM n." have unfortunately falsified their hopes, but the conduct of the M&rchTisso. petitioner and his copartners must be judged of as at the time. sheriff m, ..... QlLLBdPIK. lo begin a new business on a pretty extensive scale, without any sufficient capital, was a proceeding that was not unlikely to lead to a large increase of their liabilities, its it did in point of fact. It was an imprudent speculation in the circumstances, and although the petitioner does not seem to have taken so active a part in the management as Mr. Birrell, he gave his consent to this purchase, and must bear some part of the blame. Still, after reading the cases in which a bankrupt's discharge has been dealt with by the Court of Session, the Sheriff-Substitute cannot find any case in which the discharge was refused except on stronger grounds than exist here. With regard to expenses, although the objections have not been sustained, they were not groundless or unreasonable. It would bo bad policy to discourage creditors compearing to oppose a bankrupt's discharge. The Court is better able to discharge its duty when both sides of the question are laid fairly before it. The Sheriff-Substitute would like to have allowed the objectors their expenses, but he is afraid this would be contrary to precedent. But in any view, in so important a case, it was right that the proof should be recorded whether there was opposition or not. The shorthand writer's remuneration, therefore, seems a proper charge against the petitioner. D. G. For petitioner--Mr. Alex. Fkaskk, Dunfermline. For objectors--Mr. Blaik, Dunfermline. SHERIFF COURT OF...