Reports of Cases in Bankruptcy: Argued and Determined in the Court of Review, and on Appeal Before the Lord Chancellor, Part 30, Volume 1S. Sweet, 1837 - Bankruptcy |
From inside the book
Results 1-5 of 84
Page 4
... decided under the 53 Geo . 3. c . 102. , which differs from the last Insolvent Act of 7 Geo . 4. c . 16 . If the present fiat is allowed to stand , the consequence will be , that the old debts , from which the bankrupt was exonerated by ...
... decided under the 53 Geo . 3. c . 102. , which differs from the last Insolvent Act of 7 Geo . 4. c . 16 . If the present fiat is allowed to stand , the consequence will be , that the old debts , from which the bankrupt was exonerated by ...
Page 5
... decided , that the assets should be applied , first , in payment of those subsequent debts ; secondly , of the debts under the second insolvency ; and lastly , of the debts under the first insolvency . If it should be objected , that ...
... decided , that the assets should be applied , first , in payment of those subsequent debts ; secondly , of the debts under the second insolvency ; and lastly , of the debts under the first insolvency . If it should be objected , that ...
Page 13
... decided under a different act of parliament ; but it is a complete authority for the decision of the present case , so far as the reasoning in regard to the operation of the then act is applicable to that which is now in force . Upon ...
... decided under a different act of parliament ; but it is a complete authority for the decision of the present case , so far as the reasoning in regard to the operation of the then act is applicable to that which is now in force . Upon ...
Page 15
... decided in the case already referred to of Jellis v . Mountford ( a ) ; which , though it did not turn on the construction of the last Insolvent Act , arose out of an act in pari materiâ , namely , the 53 Geo . 3 . c . 102. , which ...
... decided in the case already referred to of Jellis v . Mountford ( a ) ; which , though it did not turn on the construction of the last Insolvent Act , arose out of an act in pari materiâ , namely , the 53 Geo . 3 . c . 102. , which ...
Page 21
... decided , that where the separate property of one partner happens to be in the possession of the two , it is to be considered the property of the partnership , when the property itself does not consist of stock in trade ? ] [ Sir G ...
... decided , that where the separate property of one partner happens to be in the possession of the two , it is to be considered the property of the partnership , when the property itself does not consist of stock in trade ? ] [ Sir G ...
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Common terms and phrases
act of bankruptcy affidavit agreement alleged amount annul appears applied BANK OF BENGAL bankrupt bankrupt's estate bill bond certificate charge cheques choice of assignees claim Commis commission Commissioners contract costs Court of Equity Court of Review D. W. Harvey Davis Deac debt due declared deed deposited ditors dividends entitled equity ERSKINE Ex parte BIGNOLD Ex parte CHAMBERS Ex parte DAVIES Ex parte Watkins executors fiat George Stokes given Gray's Inn held Henry Coward Insolvent interest issued joint estate jurisdiction lease lien Lord Chancellor Lord Eldon matter mortgage mutual credit notice official assignee order and disposition paid Palmer partners partnership party payment Pemberton person peti petitioner petitioning creditor possession present proceedings promissory notes proof prove purchase question received respect rupt separate estate shares signees Simpson and Windross sioners Sir G solicitor statute Swanston thereof Thomas Stokes Thompson tion trust wife
Popular passages
Page 544 - ... that in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the...
Page 148 - ... be paid into the Bank of England in the name and with the privity of the accountant general of...
Page 633 - Geo. 4, c. 16, s. 50, by which it is enacted, that " where there has been mutual credit given by the bankrupt and any other person, or where there are mutual debts between the bankrupt and any other person, the Commissioners shall state the account between them, and one debt or demand may be set against another...
Page 715 - ... reside or transact the business of a banker within fifteen miles of the place where such drafts or orders...
Page 362 - Annuity, deducting therefrom such diminution in the value thereof, as shall have been caused by the lapse of time since the grant thereof, to the date of the Commission.
Page 632 - ... before the credit given to or the debt contracted by him ; and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively ; and every debt or demand hereby made...
Page 361 - And he it 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 hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to receive dividends thereon...
Page 564 - if the security be totally distinct and independent, will it not then become a case of substitution for the lien, instead of a credit given, because of the lien...
Page 676 - That where there has been mutual Credit given by the Bankrupt and any other Person, or where there are mutual Debts between the Bankrupt and any other Person, the Commissioners shall state the Account between them, and one Debt or Demand may be set against another, notwithstanding any prior Act of Bankruptcy committed by such Bankrupt before the Credit given to or the Debt contracted by him, and what shall appear due on either Side on the Balance of such Account, and no more, shall be claimed or...
Page 232 - There is no doubt but that the express admissions of a party to the suit, or admissions implied from his conduct, are evidence, and strong evidence, against him ; but we think that he is at liberty to prove that such admissions were mistaken or were untrue, and is not estopped or concluded by them, unless another person has been induced by them to alter his condition ; in such a case the party is estopped from disputing their truth with respect to that person (and those claiming under him), and that...