National Bank of Scotland Ltd v Campbell
| Jurisdiction | Scotland |
| Judgment Date | 22 October 1901 |
| Docket Number | No. 6. |
| Date | 22 October 1901 |
| Court | Court of Session |
Ld. Kyllachy.
ProcessMultiplepoindingLodging Claim after Decree of PreferenceExpenses.
In an action of multiplepoinding the record was closed on 9th March 1901, and after sundry procedure, including a proof, the Lord Ordinary, on 20th July 1901, sustained the claims of two of the claimants, and ranked and preferred them rateably upon the fund in medio.* An unsuccessful claimant having reclaimed, a minute of sist and note were lodged for another creditor in an unrecorded bond and disposition in security, who averred, inter alia, that he had not been called as a party to the action, that there had been no public advertisement for claims, and that he had had no knowledge of the action until after the record was closed and the case sent to proof. He stated that he was in the same position as the successful claimants, and craved the Court to allow a claim for him to be received and seen. Counsel for the successful claimants objected to the claim being received except on condition of the compearer paying one-third of the expenses already incurred by them.1 The compearer urged that, as no additional expense was or could be caused by his not lodging his claim sooner, he should not be found liable in any expenses, and that in any event it was premature to deal with the question. The Court pronounced an interlocutor allowing the claim to be received, and seen on condition that the said compearer pay to each of the two successful claimants one-third of the expenses already incurred by them respectively in the cause.
* The fund in medio was the balance of the price...
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