Mctaggart v Watson

JurisdictionScotland
Judgment Date01 January 1836
Date01 January 1836
CourtCourt of Session

English Reports Citation: 6 E.R. 227

COURT OF SESSION.

M'taggart
-Appellant
Robert Watson
-Respondent.

Mews' Dig. xi. 1262; S.C. 3 Cl. and F. 525. Commented on in, Guardians of Mansfield Union v. Wright, 1882, 9 Q. B. D. 685, 686; and Durham (Mayor of) V. Fowler, 1889, 22 Q. B. D. 405; Mayor of Kingston-upon-Hull v. Harding (1892), 2 Q. B. 508.

APPENDIX. [618] SCOTLAND. (court of session.) M'TAGGART,-Appellant; ROBERT WATSON,-Respondent. [Mews' Dig. xi. 1262 ; S.C. 3 Cl. and F. 525. Commented on in, Guardians of Mansfield Union v. Wright, 1882, 9 Q. B. D. 685, 686; and Durham (Mayor of) t. Fowler, 227 x bligh n.s. m'taggart v. watson [1836] 1889, 22 Q. B. D. 405 ; Mayor of Kingston-upon-Hull v. Harding (1892), 2 O. B. 508.] A. was bound jointly with B., the trustee of a bankrupt estate in Scotland, to the-extent of J1000. The condition of the bond was, that B. should faithfully discharge his office, account, etc. The creditors of the bankrupt, according to the practice in Scotland, choose three commissioners to act for them, and superintend the proceedings of the trustee;. B., by various contrivances amounting to fraud against, the estate, was found in arrear to the amount of £1000. Whereupon the bond being put in suit against A., he pleaded that the commissioners, by neglect and connivance, had caused and permitted the default, or knowing it had concealed it from him. Of this imputation there was no distinct proof. It was held that even on that supposition A. was not discharged. Lord Brougham: In this case the Respondent had become surety for W. Jeffery the trustee, on the sequestrated estate of the Gorbal's Spinning Company, and had given the usual bond for Jeffrey's conduct, and accounting as suoh trustee. By the Scotch forms of proceeding the bond is not given to any individual as obligeei, but [619] it is an obligation to the extent of £1000 by the trustee and his cautioner jointly, and in which both are principal obligors. As the condition is, that W. Jeffrey shall faithfully and regularly discharge his office of trustee; and as the creditors afterwards choose three commissioners to act for them, we may say, in a sense, to, represent them in their dealings with the trustee, and in some sort to control, or, at least, to superintend, his proceedings, we may allow it to be held that those creditors, and, it is said, the commissioners thus appointed by them, and acting on their parts, are the obligees, and that their acts, for example, in releasing the principal obligor,. W. Jeffrey, would discharge Mr. Watson his surety; that any connivance at Jeffery's misconduct, and any act otherwise injurious to the rights and equity of the surety Watson, and done behind his back, would release him, as much as if the bond had been given to them instead of being left indefinite as to the person of the obligee. We are thus making the most favourable suppositions possible to the Respondent; for we are not only assuming the creditors to be represented and bound by the commissioners, but we are allowing...

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2 cases
  • Credit Corporation of SA Ltd v Du Preez
    • South Africa
    • 26 September 1961
    ...Bresler J v. Edwards (1865) 2 De G. J. & Sm. 582: 12 L.T. 411: 46 E.R. 501, L.JJ.; M'taggart v Watson (1836) 3 Cl. & Fin. 525, at p. 543: 6 E.R. 227, See too Halsbury Laws of England, vol. 16, (Hailsham ed.) para. 149 top p. 127. A It seems to me then that if the defendant wishes to assert ......
  • Credit Corporation of SA Ltd v Du Preez
    • South Africa
    • Invalid date
    ...Bresler J v. Edwards (1865) 2 De G. J. & Sm. 582: 12 L.T. 411: 46 E.R. 501, L.JJ.; M'taggart v Watson (1836) 3 Cl. & Fin. 525, at p. 543: 6 E.R. 227, See too Halsbury Laws of England, vol. 16, (Hailsham ed.) para. 149 top p. 127. A It seems to me then that if the defendant wishes to assert ......

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