Arrestments were used in the hands of A . . Company of all sums due by them to B. A . . Company were due a sum on an account to B’s firm of B . . Company, and they intimated the arrestment to them. Notwithstanding this, B . . Company sued A . . Company for the debt, and obtained a decree, upon which they gave a charge to A . . Company. Subsequent to the date of the decree, but prior to the date of the charge, the arrester of new used arrestments in the hands of A . . Company of all sums due by them to B as sole partner of B . . Company. A . . Company brought a suspension and consigned the sum due to B . . Company. B . . Company maintained that the arrestments were ineffectual in respect that B’s wife was also a partner in the firm of B . . Company. They produced a contract of copartnery purporting to show this, and they offered to prove that it was so. The Court, without allowing any inquiry, suspended The Charge Simpliciter, on the ground that the arrestee was entitled to be kept safe.
Judges:
Lord Kincairney, Ordinary
Citations:
[1898] SLR 35 – 441
Links:
Jurisdiction:
Scotland
Litigation Practice
Updated: 17 April 2022; Ref: scu.612166