GEORGE GRAY v Mrs GREIG (Court of Session)

The trustee raised the present action against the defender, as representing her deceased husband, before the Sheriff of Perth, concluding for payment of her proportion of the sum due to him.

In defence against this action, the defender stated that, as the balance on the trustee's accounts included the sum which had not been recovered from Cameron, the trustee had no right to claim this from the creditors, as he had no power to renew Cameron's bill, or to give him any indulgence, from which circumstance alone this sum had been lost.

The defender advocated; but the Lord Ordinary remitted the cause simpliciter to the sheriff; and added the following note:—‘If the trustee and a majority of the commissioners acted unwarrantably by renewing Cameron's bill, the advocator has mistaken her remedy. She should have brought their proceedings, and particularly the audit of the trustee's accounts by the commissioners, in which credit is given to the trustee for the bill, under the review of a general meeting of the creditors.’

The defender then reclaimed to the Court; and particularly pleaded on the circumstance of the minute of the commissioners authorising the renewing of Cameron's bill never having been entered in the sederunt book, nor communicated to the defender, and never having received the sanction of the creditors.

Lord President —I think the strong ground here is, that there was no minute of the commissioners entered in the sederunt book.