Cases in Bankruptcy, Volume 2

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Reed and Hunter, 1816 - Bankruptcy

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Page 289 - ... the proving or claiming a debt under a commission by any creditor shall be deemed an election by such creditor to take the benefit of such commission with respect to the debt so proved or claimed...
Page 458 - Salk. 160, for the product of or substitute for the original thing still follows the nature of the thing itself, as long as it can be ascertained to be such, and the right only ceases when the means of ascertainment fail, which is the case when the subject is turned into money, and mixed and confounded in a general mass of the same description.
Page 209 - That if any single creditor, or any two or more creditors being partners, whose debt shall amount to one hundred pounds or upwards, or any two creditors whose debts shall amount to one hundred and fifty pounds or upwards, or any three or more creditors, whose debts shall amount to two hundred pounds or upwards, of any trader within the meaning of the laws now in force respecting bankrupts, shall file an affidavit or affidavits in her Majesty's Courts of Bankruptcy, that such debt or debts is or are...
Page 510 - B. for premiums of insurance, and having obtained an advance of money upon a pledge of goods placed in B.'s hands for sale, but not on those goods to the exclusion of A.'s general credit, became bankrupt. Afterwards a loss happened, and B. received it from the underwriters : held™ that this was a mutual credit, within the foregoing statute, and that B.
Page 112 - A verdict was taken for the plaintiff, with liberty to the defendant to move to set it aside and enter a non-suit.
Page 503 - S. obtained bills of exchange from the defendant upon a fraudulent representation, that a security given by him to the defendant, (which was void,) was an ample security, and, on the next day, having resolved to stop payment, informed the defendant that he had repented of what he had done, and had sent express to stop the bills, and would return them, and three days afterwards committed an act of bankruptcy, after which he returned to the defendant all the bills, (except one which had been discounted,)...
Page 458 - ... of the principal, no change of that state and form can divest it of such trust, or give the factor, or those who represent him in right, any other more valid claim in respect to it, than they respectively had before such change.
Page 9 - Westminster ; and for preventing the stealing or destroying of madder roots ;" and an act passed in the second year of 2 G. 3. c. as. the reign of King George the Third, intituled "An act to amend so much of an act made in the first year of the reign of King James the First, intituled ' An act for the better execution of the intent and meaning of former statutes made against shooting in guns, and for the preservation of the game of pheasants and partridges, and against the destroying of hares with...
Page 255 - Raymond that he should be interested so far as to receive a share of the profits of the business, and which share he had a right to draw out from the firm of Raymond & Co. But it was held that he was no partner in that partnership ; had no demand against it ; had no account in it ; and that he must be satisfied with a share of the profits arising and given to Sir Charles Raymond.
Page 141 - Notice was not necessary ; the Drawer being, as between him and the Acceptor, first liable : but, if Bills were drawn for the Accommodation of the Acceptor, the Transaction being for his Benefit, there must be Notice without Effects ; and if in the Result of various Dealings the Surplus of...

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