Reports of Cases in Bankruptcy: Decided by the Lord Chancellor Brougham, the Court of Review, and Subdivision Courts, with a Digest of the Cases Reported in this Volume, and of the Contemporary Cases Relating to Bankruptcy Decided in All the Other Courts, Bind 1Henry Butterworth, 1834 |
Fra bogen
Resultater 1-5 af 100
Side 44
... Sir George Rose : -I concur that a petition cannot be reheard as to costs . But considering the substance , I think that the order embraces all the rights of the parties . The original petition was one which was looked at with the ...
... Sir George Rose : -I concur that a petition cannot be reheard as to costs . But considering the substance , I think that the order embraces all the rights of the parties . The original petition was one which was looked at with the ...
Side 46
... Sir George Rose said , a renewed fiat could only be issued upon the petition of a creditor or creditors whose debt would be sufficient to support an original fiat . The Court , therefore , ordered the renewed fiat to issue , if the debt ...
... Sir George Rose said , a renewed fiat could only be issued upon the petition of a creditor or creditors whose debt would be sufficient to support an original fiat . The Court , therefore , ordered the renewed fiat to issue , if the debt ...
Side 48
... Sir George Rose : -This appears to be a distinct debt , for which an action might have been brought notwith- standing any partnership . If upon the formation of a part- nership one partner advance money to another partner to enable him ...
... Sir George Rose : -This appears to be a distinct debt , for which an action might have been brought notwith- standing any partnership . If upon the formation of a part- nership one partner advance money to another partner to enable him ...
Side 53
... Sir George Rose : - The petitioner certainly has now established his case , and we have merely to decide who is to pay the costs : as he does not prove the fact of having actually tendered these witnesses to be examined , he must pay ...
... Sir George Rose : - The petitioner certainly has now established his case , and we have merely to decide who is to pay the costs : as he does not prove the fact of having actually tendered these witnesses to be examined , he must pay ...
Side 59
... Sir George Rose : - Upon the principles in equity as to fraud there exists no difference , and this question of fraud only arises in bankruptcy . It has been found to be most convenient to adopt the rule in bankruptcy , that one partner ...
... Sir George Rose : - Upon the principles in equity as to fraud there exists no difference , and this question of fraud only arises in bankruptcy . It has been found to be most convenient to adopt the rule in bankruptcy , that one partner ...
Almindelige termer og sætninger
accommodation bills act of bankruptcy action affidavit allowance amount appears apply bank bankrupt bill bond certificate CHIEF JUDGE circumstances claim commission issued commissioners committed consent contingency contract costs court of equity Court of Review debt decided decision deed dismissed dividends entitled equity Ex parte DAVY Ex parte MARSHALL Ex parte WATKINS examination executor expunge fact Fauntleroy fiat Henry Sudell insolvent joint estate judgment jurisdiction Keating Lancaster Canal lease liable Lord Chancellor Lord Eldon Lord Lyndhurst LOSCOMBE Maberly Marsh matter of Fox Montagu mortgage notice objection official assignee opinion paid partnership party payable payment person peti petition to supersede petitioner petitioning creditor plaintiff prayed present proof prove proveable purchase question received rule rupt ruptcy separate estate signees sioners Sir George Rose Sir John Cross solicitor solvent partner statute Subdivision Court supersedeas Swanston tion trustees Vanzeller
Populære passager
Side 24 - ... provided the person so dealing with the bankrupt had not at the time of such payment to...
Side 4 - ... all executions and attachments against the lands and tenements, or goods and chattels, of such bankrupt, bona fide executed or levied more than two calendar months before the issuing of such commission, shall be valid, notwithstanding any prior act of bankruptcy by him committed...
Side 612 - ... assumpsit, for money had and received by the defendant to the plaintiff's use...
Side 491 - Majesty, or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are, by the law of England, liable to the satisfaction of debts due by bond or other specialty...
Side 409 - Ireland, whereof the bankrupt is seised of any estate tail in possession, reversion or remainder, and whereof no reversion or remainder is in the Crown, the gift or provision of the Crown...
Side 169 - Co., after enumerating all the charges on the cargo and ship, therein charged to the plaintiff a commission of two and a half per cent. 'on the amount of the goods and charges.
Side 551 - By the 56th section itis enacted, that if any bankrupt shall, before the issuing of the commission, have contracted any debt payable upon a contingency which shall not have happened before the issuing of such commission, the person with whom such debt has been contracted may, if he think fit, apply to the Commissioners to set a value upon such debt, and the Commissioners are required to ascertain the value thereof, and to admit such person to prove the amount so ascertained...
Side ix - I hold every man a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor themselves, by way of amends, to be a help and ornament thereunto.
Side 135 - Court is hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to receive dividends thereon...
Side 531 - That in all joint Commissions under which any Partner shall have obtained his Certificate, if a sufficient Dividend shall have been paid upon the joint Estate, and upon the separate Estate of such Partner, he shall be entitled to his Allowance, although his other Partner or Partners may not be entitled to any Allowance.