Reports of Cases Decided by the Lord Chancellor and Vice-Chancellor: And a Digest of the Contemporary Cases Relating to Bankruptcy in the Other Courts, [1826-1830] |
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Common terms and phrases
act of bankruptcy act of parliament action affidavit allowance amount Anderton annuities answer appears apply assignees assumpsit Attending attorney authority Bank of England bankers bills claim clause commission issued commission of bankrupt commissioners committed contrà contract costs Court of King's debt decision declared deed defendants directed dividend election enacted entitled Ex parte BOLLAND ex parte Davis Ex parte KIRBY Ex parte WATKINS examination execution expences Fauntleroy felony forgery fraud Grylls Henry Fauntleroy judgment King's Bench legislature Lord Chancellor Lord Eldon Lord Hardwicke Lord Tenterden matter of MARSH meeting ment mission Montagu mortgage objection opinion Ordered accordingly paid partners partnership party payment person peti petitioners petitioning creditor plaintiffs present proceedings proof prosecution proveable proved question received refused respect Rose rupt shew Sikes sion sioners solicitor statute Sugden superseded tion transfer trustees V. C. LINC Vice-Chancellor warrant words
Popular passages
Page 311 - 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; or, if such value shall not be so ascertained before the contingency shall have happened, then such person may, after such contingency shall have happened, prove in respect of such debt, and receive dividends with the other creditors, not disturbing any former dividends; provided such person had not, when such debt was contracted, notice...
Page 350 - For it is an established rule to abide by former precedents, where the same points come again in litigation : as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion...
Page 342 - Of a nature somewhat similar to the two last is the offence of theft bote, which is where the party robbed not only knows the felon, but also takes his goods again, or other amends upon agreement not to prosecute.
Page 118 - ... might have been proved as a debt under " the commission against such bankrupt, shall prove a debt under such " commission, or have any claim entered upon the proceedings under " such commission, "without relinquishing such action or suit, and in " case such bankrupt shall be in prison or custody at the suit of, or " detained by such creditor, he shall not prove or claim as aforesaid, " without giving a sufficient authority, in writing, for the discharge of '* such bankrupt...
Page 310 - That if any Bankrupt shall, before the issuing of the Fiat or the filing of a Petition for Adjudication of Bankruptcy, have contracted any Debt payable upon a Contingency which shall not have happened before the issuing of such...
Page 450 - ... to go for damages for the breach of the contract, the first and most obvious damage to be shown is the amount which he has been induced to expend on the faith of the contract, including a fair allowance for his own time and services; and it does not lie in the mouth of the defendant to say that he has not been damaged at least to that amount, unless it can show that the expenses which the plaintiff incurred were extravagant and unnecessary for the purpose of carrying out the contract. On reason...
Page 319 - The question in the cause is, whether the removal of the limekilns be a breach of the covenant to repair, contained in the lease of 1791. On the behalf of the defendants three grounds of objection were taken. First, that limekilns are not buildings within the meaning of a covenant...
Page 420 - ... and whether such credit shall have been given upon any bill, bond, note, or other negotiable security or not, shall be entitled to prove such debt...
Page 254 - Charge respecting any Action at Law, or Suit in Equity, shall be settled by the proper Officer of the Court in which such Business shall have been transacted, and the same, so settled, shall be paid by the Assignees to such Solicitor or Attorney: Provided that any Creditor who shall have proved to the Amount of Twenty Pounds or upwards, if he be dissatisfied with such Settlement by the Commissioners, may have any such Costs and Bills settled by a Master in Chancery, who shall receive for such Settlement,...
Page 321 - In this latter assertion lies the fallacy " of the defendants' argument. The assertion is " incorrect in fact ; the plaintiffs do not seek to " ratify the felonious act : they do not make that 1834. * Styles' Rep. 347. GB.&C.551. 1834. (t act the ground of their demand. The ground of " their demand is the actual receipt of the money " produced by the sale and transfer of their an