Sale – Bankruptcy. – 30 hogsheads of tobacco were bought on the eve of bankruptcy, and 8 hogsheads delivered the day before the failure was known, but the 22 hogsheads not delivered; the bills stipulated for the price were not granted; and the seller insisted for return of the 8 hogsheads. The bankrupts voluntarily returned them. Held, in a question with the creditors, that the seller was entitled to retain possession of the whole, on emerging bankruptcy.
The question in this case was, Whether a sale of tobacco, made by the respondents to Wilson and Brown, had been completed so as to pass the property before bankruptcy.
Citations:
[1786] UKHL 3 – Paton – 47
Links:
Jurisdiction:
Scotland
Insolvency
Updated: 23 March 2022; Ref: scu.581012