3 N.C. 24
Superior Court of North Carolina
Decided July 5, 1797
Superior Court of North Carolina · decided 1797-07-05
THE plaintiff in this action, had commenced the same by af> tachment, and the following circumstances were disclosed by the garnishee on his examination, to wit 1 that .one of the defendants was one of the partners of a company, who in Scotland had been declared bankrupts, and their estates put into the hands of sequestrators ; and the defendant, one of the partners here, ac the time of the sequestration in Scotland, had goods on hand here and debts due to a large amount;…
Decided 1797-07-05
¶1 We are prepared to say the plaintiff is entitled to recover out of the debts not yet collected : the bankrupt laws in Scotland cannot affect any goods, estate or debts due; to the Bankrupt here; — And here we must rest our opinion for the present, chusing purposely to avoid any opinion relative to the effects and debts recen ed by the agent of the sequestrators.
¶2 Judgmept for the plaintiff.