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Scottish Court of Session Decisions >>
The Trustee for the Creditors of Peter Forrester, v The Trustee for the Creditors of John Turner, and Alexander Montgomery. [1798] Mor 1252 (2 June 1798)
URL: http://www.bailii.org/scot/cases/ScotCS/1798/Mor0301252-279.html
Cases which peculiarly regard the particular terms of the late Bankrupt Statutes, from 1772 downwards.
The Trustee for the Creditors of Peter Forrester, v. The Trustee for the Creditors of John Turner, and Alexander Montgomery
Date: 2 June 1798 Case No. No 279.
The commissioners chosen to assist the trustee on a sequestrated estate are not entitled to an allowance for their trouble.
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At a meeting of the creditors of Peter Forrester, whose estate was under sequestration, it was proposed, that the commissioners who had been appointed to assist the trustee, in terms of 33d Geo. III. c. 74. § 28. should have an allowance from the funds, on account of the extraordinary trouble they had taken in the management, and the trustee was directed to apply to the Court to sanction the measure.
A petition was accordingly presented to the Lord Ordinary on the Bills, which was opposed by the Trustee for the, creditors of John Turner, and by Alexander, Montgomery, creditors of Forrester, who contended, that the office of commissioner was gratuitous.
The Court, upon advising the petition, with answers, &c. which they had ordered to be printed, were so clearly of this opinion, that they refused the petition, and found the creditors, who had advised the measure, personally liable in the expence of the application and opposition to it.
