Reports of Bankruptcy and Company Cases Decided in the High Court of Justice: The Court of Appeal, the Privy Council, and the House of Lords...Comprising Cases Decided During the Year 1894-[1914].Sweet and Maxwell, 1894 - Bankruptcy |
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Common terms and phrases
act of bankruptcy adjudicated affidavit agreed agreement allotment amount application appointed assignment bank bankrupt Bankruptcy Act bill of sale Board of Trade Building Society called capital charge chattels claim Companies Act Companies Winding-up company's contract costs covenant creditors debenture-holders debentures debt debtor decision deed defendants directors dividend Divisional Court entitled execution fact fraud Hallett held Helsby Herbert Reed interest judgment Justice VAUGHAN WILLIAMS L. J. Ch liability LINDLEY liquidator Lord ESHER Lord HERSCHELL Lord Justice Lordship memorandum memorandum of association ment mortgage Muir Mackenzie notice official receiver opinion paid partner payable payment person petition plaintiff present proceedings proof question receipt receiving order registrar resolution respect respondents rule ruptcy Sale Act second bankruptcy separate estate shareholders shares Solicitors Statute surplus assets tion transaction trustee in bankruptcy ultra vires VAUGHAN WILLIAMS Vict winding
Popular passages
Page 179 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 86 - means a person holding a mortgage charge or lien on the property of the debtor, or any part thereof, as a security for a debt due to him from the debtor.
Page 185 - ... used and enjoyed by him in any place whatsoever, notwithstanding that formal possession thereof may have been taken by or given...
Page 137 - The directors may. before recommending any dividend, set aside out of the profits of the company such sum as they think proper as a reserve...
Page 257 - Act, 1867, as amended by this Act. Provided, that where the reduction of the capital of a company does not involve either the diminution of any liability in respect of unpaid capital or the payment to any shareholder of any paid-up capital...
Page 126 - Any person stating himself in -writing to bo a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement submitted in pursuance of this section and to a copy thereof or extract therefrom.
Page 88 - Provided that the grantor may within five days from the seizure or taking possession of any chattels on account of any of the abovementioned causes, apply to the High Court, or to a judge thereof in chambers, and such court or judge, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the said chattels, or may make such other order as may seem just.
Page 318 - ... losses shall be borne by the members in proportion to the capital paid up, or which ought to have been paid up, on the shares held by them respectively at the commencement of the winding up, but this clause is to be without prejudice to the rights of the holders of shares issued upon special conditions.
Page 255 - ... any capital which may be in excess of the wants of the company, and paid-up capital may be reduced either with or without extinguishing or reducing the liability (if any), remaining on the shares of the company, and to the extent to which such liability is not extinguished or reduced it shall be deemed to be preserved...
Page 211 - Until the trustee intervenes, all transactions by a bankrupt after his bankruptcy with any person dealing with him bona fide and for value, in respect of his after-acquired property, whether with or without knowledge of the bankruptcy, are valid against the trustee.