Glass v M'Intosh
| Jurisdiction | Scotland |
| Judge | Lord Meadow-Bank. D |
| Judgment Date | 12 May 1825 |
| Docket Number | No. 1. |
| Court | Court of Session (Inner House - First Division) |
| Date | 12 May 1825 |
Lord Meadow-Bank. D.
Bankruptcy—Discharge—Composition—Contrat.—
M'Intosh brought an action before the Sheriff of Lanarkshire, alleging that he had been employed by Glass as manager of his dye-works,—that a balance of wages was due to him,—that he agreed to accept of a composition, for which bills were to be granted within a particular period,—but that Glass had failed to do so, and therefore concluding against him for the full sum. In evidence of the debt, M'Intosh founded upon an entry of it in a list of debts which had been made up by Glass at the time that the composition was agreed to. To this it was answered, 1. That no debt was due, and that the entry was qualified by the word “disputed” being annexed to it, and that in truth M'Intosh was owing a large sum of damages; and, 2. That at all events the claim had been discharged. In support of this latter defence, Glass founded upon a deed, which was in these terms:—‘We, the subscribers named and designed in the subscription clause of these presents, creditors, or agents having power from, and taking burden on us for creditors of John Glass, dyer at Finnieston near Glasgow,—considering that the affairs of the said John Glass having become embarrassed, he called a meeting of his creditors, which was held at Glasgow on the 23d day of September 1819; at which meeting the said John Glass proposed to pay them a composition of 9s. 4d. in the pound on the amount of the debts owing by him , provided they would grant him a discharge;—that the said meeting was, by the creditors present, adjourned till the 30th day of September then next; at which meeting the said John Glass repeated the said offer of composition of 9s. 4d. per pound, payable at six, nine, twelve, and fifteen months from the 16th day of October 1819, with security for the last instalment; and an agreement having been drawn out, the said offer was duly signed by us:—And now, seeing that the said offer of composition has been accepted of by the whole creditors of the said John Glass, and that he has delivered to us bills for the foresaid composition, payable in the proportions and at the periods foresaid, with security to our satisfaction for the last instalment, therefore we have exonered and discharged, as we do by these presents exoner and acquit, for ever simpliciter discharge the said John Glass, his heirs, executors, and successors, of all debts...
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