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 100
Page 13
... opinion is , that the fiat is valid , and that the petition ought to be dismissed with costs . Lord Commissioner BOSANQUET . - I am also of opi- nion that this petition must be dismissed . I shall not go into the first question , namely ...
... opinion is , that the fiat is valid , and that the petition ought to be dismissed with costs . Lord Commissioner BOSANQUET . - I am also of opi- nion that this petition must be dismissed . I shall not go into the first question , namely ...
Page 32
... opinion , that the petitioners have not made out their complaint , and will therefore relieve the respondents from the necessity of arguing that part of the case . The charge is , on the finding of the Com- missioner , that the ...
... opinion , that the petitioners have not made out their complaint , and will therefore relieve the respondents from the necessity of arguing that part of the case . The charge is , on the finding of the Com- missioner , that the ...
Page 33
... opinion , that the petitioners have laid no foundation for their claim . Sir J. CROSS . - It is only necessary to refer to the terms of the Commissioner's Order , to show that such an Order cannot be enforced . He finds that Butler ...
... opinion , that the petitioners have laid no foundation for their claim . Sir J. CROSS . - It is only necessary to refer to the terms of the Commissioner's Order , to show that such an Order cannot be enforced . He finds that Butler ...
Page 34
... opinion is , that that part of their petition ought to be dismissed with costs . Mr. Swanston , for Butler , the solvent assignee . This is a very harsh proceeding against the assignee ; who had good reason to think that he had been ...
... opinion is , that that part of their petition ought to be dismissed with costs . Mr. Swanston , for Butler , the solvent assignee . This is a very harsh proceeding against the assignee ; who had good reason to think that he had been ...
Page 40
... opinion with the first Commissioners , who allowed these accounts . It does not appear , that any of the creditors complained of the proceedings of the assignees in defending the suit in Chancery ; but , on the contrary , they seem to ...
... opinion with the first Commissioners , who allowed these accounts . It does not appear , that any of the creditors complained of the proceedings of the assignees in defending the suit in Chancery ; but , on the contrary , they seem to ...
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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...