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 |
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Side ix
... equity . Qu . 1. Why is a creditor to be deprived of his legal rights for the benefit of any person ? Qu . 2. Supposing he ought to be deprived , ought not a claim to be entered for the debt , and the assignees undertake for the costs ...
... equity . Qu . 1. Why is a creditor to be deprived of his legal rights for the benefit of any person ? Qu . 2. Supposing he ought to be deprived , ought not a claim to be entered for the debt , and the assignees undertake for the costs ...
Side 2
... equity then depending against him , and that he was insolvent ; that the indentures were not executed in July 1826 , the time at which they bore date , and not until late in January or early in February 1827 , when they were antedated ...
... equity then depending against him , and that he was insolvent ; that the indentures were not executed in July 1826 , the time at which they bore date , and not until late in January or early in February 1827 , when they were antedated ...
Side 5
... equity of equality , an act of bankruptcy . The only difficulty consists in discovering the intent . When the prefer- ence is obvious , as in an assignment by a trader of the whole of his property , or of so much as will incapacitate ...
... equity of equality , an act of bankruptcy . The only difficulty consists in discovering the intent . When the prefer- ence is obvious , as in an assignment by a trader of the whole of his property , or of so much as will incapacitate ...
Side 9
... equity . In Heirne v . Mill , 13 Ves . 121 , the Lord Chancellor , when considering the various cases of con- structive notice , says , " Another case is , where the law imputes that notice , which , from the nature of the trans- action ...
... equity . In Heirne v . Mill , 13 Ves . 121 , the Lord Chancellor , when considering the various cases of con- structive notice , says , " Another case is , where the law imputes that notice , which , from the nature of the trans- action ...
Side 27
... equity of the case , it has been said that the question is to be considered the same as if it were with Davies . But not so ; for whatever equities might have existed as against Davies , they cannot affect the right of Robinson , who ...
... equity of the case , it has been said that the question is to be considered the same as if it were with Davies . But not so ; for whatever equities might have existed as against Davies , they cannot affect the right of Robinson , who ...
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
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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.