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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Harry Innes v Creditors of Ludovic Gordon. [1740] 5 Brn 693 (14 February 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Brn050693-0841.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.
Date: Sir Harry Innes
v.
Creditors of Ludovic Gordon
14 February 1740 Click here to view a pdf copy of this documet : PDF Copy
[Elch., No. 14, Arrestment; Kilk., No. 8, ibid.]
The Lords found that the arrestment was valid. Arniston thought it was so,
upon the general principle that any conditional debt might be arrested. Elchies put his opinion chiefly upon this specialty, that the arrestment was after the bill was accepted by the London merchant, who then was no longer debtor to Ludovic Gordon, but to his trustee ; so that, if the arrestment could not be in the trustee's hands, it could not be at all.
The electronic version of the text was provided by the Scottish Council of Law Reporting
