GEORGE BERRY v JOHN REID (Court of Session)

The objection is thus clearly stated by the Lord Ordinary in the note added to his interlocutor of the 11th March 1837.

It has been now proved by the evidence lately adduced in this Court, that the bankrupt was the principal debtor in all the bills claimed on by Mr Reid at the election of trustee, though, in the claim, No. 3, (Appendix to former note, p. 27,) the bankrupt did not appear in the position of principal debtor in the bills entered in that state.

It appears from the proof lately led in this cause, that all of the joint obligants, (except Wilson,) whose claims were the subject of valuation in the corrected affidavit, were in bankrupt or insolvent circumstances at the date of the claim and election on this estate; and though dividends of greater or less amount on their estates are now declared, it might possibly be a matter of doubt or uncertainty at the period of the election and affidavit, whether any thing at all would ever be realised from such estates.

These considerations have confirmed the Lord Ordinary in his opinion, that it would not be proper to sustain any personal objection as applicable to Mr Reid, in respect of the valuations objected to in the present case.’

The Lord Ordinary pronounced, (11th March 1837,) the following interlocutor in reference to this objection: ‘Finds no sufficient evidence adduced of any relevant personal objection against Mr Reid: Therefore, confirms the said John Reid, in terms of his petition, as trustee on the sequestrated estate of William Strathenry, and refuses the petition to the same effect of Mr George Berry: Finds, in terms of the statute, the said George Berry liable in expenses, &c. and decerns.’