Edward Hewit, Surviving Partner of Hewit and Brockhurst v David Elliot, George M’Crae, Simon Brown, John Auld, and James Ballantine, Trustees for The Creditors of Andrew Stevenson, Merchant Glasgow: HL 6 Dec 1775

Bankruptcy – Retention – Admissibility of Witness – Interest – Tutoring.- Circumstances in which a party, having procured possession of bills in a legitimate manner, though sent for, and to be appropriated to a special purpose, was held entitled to retain these bills in payment pro tanto of his own account, against the creditors of the remitter of these bills: reversing the judgment of the Court of Session. Circumstances in which objection to examination of witness, on the ground of interest, not sustained. Also objection to witness, as having been tutored, and having perused the papers, andc., in the cause, repelled.

[1775] UKHL 2 – Paton – 381, (1775) 2 Paton 381


Updated: 13 January 2022; Ref: scu.561835