Reports of Cases in Bankruptcy: Decided by the Court of Review, The Vice-Chancellor Sir James Lewis Knight Bruce, and the Lord Chancellors Lord Lyndhurst and Lord CottenhamS. Sweet, 1852 - Bankruptcy |
From inside the book
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Page 29
... annulled for want of an act of bankruptcy . bankrupt to the insertion of the advertise- ment forthwith Mr. Swanston and Mr. James in support of the held no acqui- petition . Mr. Russell , for the assignees , took a preliminary ob ...
... annulled for want of an act of bankruptcy . bankrupt to the insertion of the advertise- ment forthwith Mr. Swanston and Mr. James in support of the held no acqui- petition . Mr. Russell , for the assignees , took a preliminary ob ...
Page 94
... he was not a market gardener , within any just or reason- able construction of the act of parliament . Fiat ordered to be annulled . ( a ) 7 Taunt . 409 . Ex parte ROBERT GARNETT . - In the matter of 94 . CASES IN BANKRUPTCY .
... he was not a market gardener , within any just or reason- able construction of the act of parliament . Fiat ordered to be annulled . ( a ) 7 Taunt . 409 . Ex parte ROBERT GARNETT . - In the matter of 94 . CASES IN BANKRUPTCY .
Page 95
... annulled , on the ground that the petitioner had been dis- charged under the provisions of the act for the relief of ... annul the fiat , the petition be presented before the time for sur- rendering has expired . The circum- stances that ...
... annulled , on the ground that the petitioner had been dis- charged under the provisions of the act for the relief of ... annul the fiat , the petition be presented before the time for sur- rendering has expired . The circum- stances that ...
Page 96
... annulled if it can produce no beneficial result . By the 1 & 2 Vict . c . 110 , s . 39 ( a ) , the whole of the petitioner's property is conclusively vested in the assignee under the Insolvent Act , and there is nothing to administer ...
... annulled if it can produce no beneficial result . By the 1 & 2 Vict . c . 110 , s . 39 ( a ) , the whole of the petitioner's property is conclusively vested in the assignee under the Insolvent Act , and there is nothing to administer ...
Page 97
... annul the fiat under circumstances somewhat similar to those of this case , yet in that case the 13th section of 7 Geo . 4 , c . 57 , s . 13 ( a ) , which was the provision then in force , was not called to the attention of the Court ...
... annul the fiat under circumstances somewhat similar to those of this case , yet in that case the 13th section of 7 Geo . 4 , c . 57 , s . 13 ( a ) , which was the provision then in force , was not called to the attention of the Court ...
Common terms and phrases
Acraman act of bankruptcy action adjudication affidavit aforesaid amount annulled appeared applied appointed Bacon bank bankrupt behalf bills of exchange bond certificate Chief Judge choice of assignees circumstances claim Commissioner committed consent contempt contract Court of Bankruptcy Court of Chancery Court of Review covenant debt debtor declared deed Deflinne discharge ditors dividend entitled equitable execution executors fiat issued filed firm Frodsham ground held Humberston insolvency John Reay joint estate judgment jurisdiction lease liable liberty Lincoln's Inn Lord Chancellor Lord Eldon Marshall matter ment Messrs Meux mortgage notice official assignee opinion paid parties partner partnership payment person peti petitioner petitioner's petitioning creditor plaintiff present proceedings promissory notes proof prove purchase question received respect Rodgers rupt ruptcy Russell Sandau separate estate solicitor Swanston T. B. Molyneux thereof Thomas Thomas Archer tion tioner Todd trade trustees VICE-CHANCELLOR Vict
Popular passages
Page 371 - 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 123 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered...
Page viii - QUEEN's Most Excellent Majesty in Council. WHEREAS by an Act, passed in the tenth year of the reign of Her Majesty, intituled " An Act for the more easy recovery of small " debts and demands in England...
Page 91 - And be it further enacted. That the filing of the petition of every person in actual custody, who shall be subject to the laws concerning bankrupts, and who shall apply by petition to the said court for his or her discharge from custody, according to this act, shall be accounted and adjudged an act of bankruptcy from the time...
Page 6 - Sums of Money which shall be payable, by way of Annuity or otherwise, at any future Time or Times, by virtue of any Bond, Covenant...
Page 2 - This case has been argued before us by counsel. We have considered it, and are of opinion that the limitation to Philippa Long is good in the events that have happened.
Page 533 - ... shall be deemed thereby to have committed an act of bankruptcy at the time of filing such declaration, provided a fiat in bankruptcy shall issue against such trader within two months from the filing of such declaration ; and a copy of such declaration, purporting to be certified by the said secretary or his clerk as a true copy, shall be received as evidence of such declaration having been filed.
Page 478 - ... he might be discharged, it shall be lawful for the Court or judge before whom such party shall be brought by habeas corpus...
Page 134 - That if any bankrupt at the time he becomes bankrupt shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner...
Page 509 - If after adjudication the debt or debts of the petitioning creditor or creditors, or any of them, be found insufficient to support a commission...