THOMAS MANSFIELD, (Anderson and Gavin's Trustee) v MAXWELL and Company, and against Thomas Mansfield, (Rennie's Trustee) Jury Sittings

It being admitted that the pursuer is trustee on the sequestrated estate of Anderson and Gavin, late merchants in Leith, and that the defender, Thomas Mansfield, is also trustee on the sequestrated estate of the said John Rennie, and that the defenders, Maxwell and Company, are, and in the months of July and August 1826 were, corn factors in Leith;

Whether the said Maxwell and Company, knowing the terms and conditions of the said agreement, and that the said price was not paid, or knowing that the said John Rennie was insolvent, took delivery of the said wheat, and wrongfully retain the same, and are indebted and resting owing to the pursuer, as trustee foresaid, in the said sum of L.1598, 8s., or any part thereof, with interest thereon, as the price of the said wheat, delivered as aforesaid?

Whether, in taking delivery of the said wheat, the said Maxwell and Company acted as corn factors in the ordinary course of business, having received the said wheat as a consignment, and having made an advance to the said John Rennie of the sum of L.2000, or any part thereof, on the faith of such consignment?

Cuninghame, for pursuer. — His object in taking these issues, was to investigate a transaction betwixt Anderson and Gavin, and John Rennie, relative to 500 quarters of wheat, 444 of which had been taken delivery of by Maxwell and Company.

Rennie was hopelessly insolvent at the time the wheat was set apart for him. By the 1st of August seven of his bills had been dishonoured. On the 1st August, Rennie left Scotland to avoid the diligence of his creditors, and he informed Maxwell and Company previously of his intention. Yet, after this, they took delivery of the wheat betwixt the 3d and the 7th August. Rennie returned to Phantassie on the 12th August, and on the 13th intimated that he must stop payment.