HL In a competition between Robertson and Baxter and Inglis, who maintained that under the law of England, by the indorsement and delivery of the warrant, he had acquired a right to the whisky which was preferable to that of any creditor of Goldsmith doing diligence subsequently, held (aff. judgment of the Court of Session-Whole Court) (1) that the competition fell to be determined by the law of Scotland; and (2) that as the assignation had not been intimated to the warehouse-keepers, the real right remained in Goldsmith, subject to the diligence of his creditors.
Citations:
[1898] UKHL 2, (1898) 25 R (HL) 70
Links:
Jurisdiction:
Scotland
Insolvency
Updated: 22 July 2022; Ref: scu.279657