G. & W. Riddell v. Galbraith

Subject_1 Bankruptcy Subject_2 Recal of Sequestration Subject_3 Account of Concurring Creditor Subject_4 Bankruptcy (Scotland) Act 1836 (19 and 20 Vict. cap. 79), sec. 21. Facts: Sequestration was awarded by the Sheriff on a petition in which the concurring creditor had produced an affidavit and relative account in which all Page: 44 ↓

On 17th June 1896 the Sheriff of Aberdeen, Kincardine, and Banff awarded sequestration of the estates of Alexander Walton, cycle manufacturer, Aberdeen, upon the petition of the bankrupt, with concurrence of John Gordon, cycle warehouseman, Banff, a creditor to the extent of £271.

The account signed as relative to the said concurring creditor's affidavit contained no specification of the articles supplied by him to the bankrupt, but merely stated the items under different dates as “to goods.’

Messrs G. & W. Riddell, manufacturers, Aberdeen, and creditors of the bankrupt to the extent of £24, presented a petition to the Lord Ordinary on the Bills for recal of the sequestration on the ground that the above-mentioned account was not sufficiently specific, and did not satisfy the requirements of the 21st section of the Bankruptcy Act 1856.

Mr Walter Galbraith, C.A., the trustee in the sequestration, lodged answers in which he denied that the award of sequestration was invalid, and maintained that the petitioners were barred from insisting in their application by having acquiesced in the sequestration proceedings, inasmuch as they had voted in the election of a trustee.