The Origin, Progress, and Present Practice of the Bankrupt Law: Both in England and in Ireland, Volume 1W. Clarke and Sons, 1812 - Bankruptcy |
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Page 19
... received two dividends , and had sued the bankrupt and held him in execution for the remain- der . Lord Hardwicke ordered the creditor to refund the dividends if he intended to elect to proceed at law . This section is not mentioned in ...
... received two dividends , and had sued the bankrupt and held him in execution for the remain- der . Lord Hardwicke ordered the creditor to refund the dividends if he intended to elect to proceed at law . This section is not mentioned in ...
Page 35
... received a debt bona fide from the bankrupt without notice of bankruptcy , the 19 Geo . 2. c . 32 , and 46 Geo . 3 . c . 135 , would in a great degree have been unnecessary . But the legislature at that time thought it better policy to ...
... received a debt bona fide from the bankrupt without notice of bankruptcy , the 19 Geo . 2. c . 32 , and 46 Geo . 3 . c . 135 , would in a great degree have been unnecessary . But the legislature at that time thought it better policy to ...
Page 38
... receiving other men's monies or estates into his trust or custody , who at any time after the end of this present session of parliament , shall , either by himself , or others by his procurement , obtain any protection or pro- tections ...
... receiving other men's monies or estates into his trust or custody , who at any time after the end of this present session of parliament , shall , either by himself , or others by his procurement , obtain any protection or pro- tections ...
Page 45
... received , or if they admit it against the opinion of the creditors , the assignees may petition . the chancellor to have the proof expunged . The chancellor may order an issue to have it tried at law whether any or what debt is due ...
... received , or if they admit it against the opinion of the creditors , the assignees may petition . the chancellor to have the proof expunged . The chancellor may order an issue to have it tried at law whether any or what debt is due ...
Page 49
... received the amount of them ; that was the point in Scott v . Surman . If the bankrupt as factor had sold goods upon credit , the consignor must receive the debt not his assignees . Exparte Murray , December 1783 , Cooke 379. The same ...
... received the amount of them ; that was the point in Scott v . Surman . If the bankrupt as factor had sold goods upon credit , the consignor must receive the debt not his assignees . Exparte Murray , December 1783 , Cooke 379. The same ...
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The Origin, Progress, and Present Practice of the Bankrupt Law: Both in ... Edward Christian No preview available - 2016 |
The Origin, Progress, and Present Practice of the Bankrupt Law: Both in ... Edward Christian No preview available - 2023 |
The Origin, Progress, and Present Practice of the Bankrupt Law: Both in ... Edward Christian No preview available - 2015 |
Common terms and phrases
13 Eliz act of bankruptcy act of parliament action affidavit afterwards allowed appointed arrest assignee or assignees authority aforesaid bank bankrupt law bankrupt or bankrupts bankrupt's estate become bankrupt benefit bill bond chattels commission of bankrupt commissioners committed course of trade court of chancery court of equity court of King's custody debt due debtor declared defendant discharge ditors dividend equity estate and effects examination execution Exparte further enacted given hath hereby Irish stat issue joint judges judgment Justice King's Bench legislature Lord Chancellor Lord Eldon Lord Ellenborough Lord Hardwicke lord keeper Lord Kenyon Lord Mansfield Lord Thurlow ment merchandizes missioners notice oath obtained his certificate paid parliament party payment person or persons petitioning creditor plaintiff prison proved reason received recovered rupt ruptcy seal sect sell signees sioners sued surrender tenements thereof tion warrant wife
Popular passages
Page 160 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do game...
Page 71 - King's commission or commissions under the great seal of Great Britain, to be directed to any such four or more discreet persons as the lord chancellor of Great Britain, lord keeper, or commissioners for the custody of the great seal of Great Britain for the time being shall from time to time think fit to appoint...
Page 136 - ... such bankrupt, shall be discharged upon common bail, and may plead in general that the cause of action accrued before he became bankrupt, and may give this act and the special matter in evidence; and such bankrupt's certificate, and the allowance thereof, shall be sufficient evidence of the trading, bankruptcy, commission, and other proceedings precedent to the obtaining such certificate...
Page 268 - I have always understood the assignment from the commissioners, like any other assignment by operation of law, passed his rights precisely in the same plight and condition as he possessed them. Even where a complete legal title vests in them, and there is no notice of any equity affecting it, they take subject to whatever equity the bankrupt was liable to.
Page 351 - Bankrupt, in the usual or ordinary course of trade and dealing* shall be liable to refund or repay to the assignee ' or assignees of such Bankrupt's estate, any money, which, before the suing forth of such commission, was really and bona fide, and in the usual and ordinary course of trade and dealing, received by such person of any such Bankrupt, before such time as the person receiving the same shall know, understand, or have notice that he is become a Bankrupt, or that he is in insolvent circumstances.
Page 79 - ... persons using the trade or profession of a scrivener, receiving other men's monies or estates into their trust or custody...
Page 93 - ... an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of such account, and no more, shall be claimed or paid on either side respectively...
Page 106 - ... act of bankruptcy ; and every person so receiving such money, gift, delivery, satisfaction or security as aforesaid, shall forfeit his whole debt, and also repay or deliver up such money, gift, satisfaction, or security as aforesaid, or the full value thereof, to such person or persons as the Commissioners acting under such original commission, or any new commission, shall appoint for the benefit of the creditors of such bankrupt.
Page 47 - if at any time hereafter any person or persons shall become bankrupt, and at such time as they shall so become bankrupt shall by the consent and permission of the true owner and proprietary, have in their possession, order, and disposition, any goods or chattels, whereof they shall be reputed owners, and take upon them the sale, alteration, or disposition, as owners...
Page 64 - Hereditaments, within the Kingdom of England, Dominion of Wales, and Town of Berwick...