Cases in Bankruptcy, Volume 1Reed and Hunter, 1813 - Bankruptcy |
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Page 9
... considered as a Security for the original one ; and the Question is , not whether the Assignee of the Judg- ment can himself prove , but whether he is not entitled to call upon Conway , Phelps , and Co. to prove for him . When he ...
... considered as a Security for the original one ; and the Question is , not whether the Assignee of the Judg- ment can himself prove , but whether he is not entitled to call upon Conway , Phelps , and Co. to prove for him . When he ...
Page 11
... considered as a separate Creditor , DE TASTET.- and is the only joint Creditor who can come in with the In the ... considered as Trustees . It is , in truth , introducing two joint Creditors : I have considered it again and again , and ...
... considered as a separate Creditor , DE TASTET.- and is the only joint Creditor who can come in with the In the ... considered as Trustees . It is , in truth , introducing two joint Creditors : I have considered it again and again , and ...
Page 35
... considered as necessary , or to the Inspection of his Books if it appear that he Claims such Inspection for other Purposes than those of his last Examination . He has not sworn that this Apparel is necessary , and the Assignees have ...
... considered as necessary , or to the Inspection of his Books if it appear that he Claims such Inspection for other Purposes than those of his last Examination . He has not sworn that this Apparel is necessary , and the Assignees have ...
Page 43
... considered that the Bankrupt could be under that Statute compelled to levy a Fine or suffer a Recovery . The Stat . 21 James I. c . 19. gives the Bankrupt's Estate Tail to the Assignees in Fee , it was necessary by express Act of ...
... considered that the Bankrupt could be under that Statute compelled to levy a Fine or suffer a Recovery . The Stat . 21 James I. c . 19. gives the Bankrupt's Estate Tail to the Assignees in Fee , it was necessary by express Act of ...
Page 50
... considered myself called upon to examine it with the same Accuracy , as to whether it was antecedent or not to the Debt , though I think that should be made to appear on the Proceedings . The Quantity of Debt was fluctuating , and the ...
... considered myself called upon to examine it with the same Accuracy , as to whether it was antecedent or not to the Debt , though I think that should be made to appear on the Proceedings . The Quantity of Debt was fluctuating , and the ...
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Common terms and phrases
Account Act of Bank Act of Bankruptcy Act of Parliament Action admitted Affidavit Amount Annuity applied Bankers Bills of Exchange Bond Cash Certificate Choice of Assignees Commis Commission issued Commission of Bankrupt Commissioners Costs Court Creditor's Debt Deed Defendant delivered directed discharged ditors Dividends entitled Ex parte.-In Execution Expences George Cooper Ground Hart indorsed Interest John Stein joint Commission joint Creditors joint Estate Jurisdiction Lanfear Liberty Lien LINCOLN'S INN HALL London Lord CHANCELLOR Lord ELLENBOROUGH ment mission Money Montagu Objection Order paid parte.-In the Matter Parties Partners Partnership Payment Person Peti Petitioners petitioning Creditor Plaintiff prayed Proceedings Proceeds Proof Property prove Purpose Question received refused remitted Robert Smith Robert Stein rupt ruptcy Sale Scotland Seal Security separate Commission separate Creditors separate Estate Sequestration short Bills signees sion sioners Sir Samuel Romilly Smith Solicitor Statute Supersedeas superseded tion tition Trade Trustees Vide Ex
Popular passages
Page 196 - ... life; and that the dividends, interest, and produce thereof, as the same became due and payable, should be paid by them from time to time into his own proper hands, or on his proper order and receipt, subscribed with his own proper hand, to the intent the same should not be grantable, transferable, or otherwise assignable, by way of anticipation of any unreceived payment or payments thereof, or of any part thereof...
Page 171 - Surety, who shall afterwards become Bankrupt, within the true Intent and Meaning of the several Statutes made and now in force concerning Bankrupts...
Page 5 - ... to prove his demand in respect of such payment as a debt under the commission, not disturbing the former dividends, and may receive dividends with the other creditors...
Page 514 - A., induced by the fraudulent representations of B., as to the profits of his business, gives him a certain sum of money for a share of it ; on the discovery of the fraud, A. files a bill in equity for an account to have the partnership declared void, and for a receiver. The receiver was ordered; B. becomes bankrupt; petition by A. to be admitted to prove under his commission, refused, with liberty to make a claim.
Page 76 - The deduction of a security is never to be made in bankruptcy but when it is the property of the bankrupt ; it is said that it must be so considered in this case, as the house in Demerara and that in Liverpool were partners ; but it is quite familiar, that the same firm may be in one character drawers, and in another acceptors ; and the question, whether the mortgage is the property of the firm, must be met in another way.
Page 39 - ... signed, sealed, and published, in the presence of, and attested by, three or more credible witnesses...
Page 39 - Writings, with or without power of revocation, to be by her sealed and delivered in the presence of and attested by Two or more credible Witnesses...
Page 5 - ... such person had not at the time when he became such surety, or when he so became liable for the debt of such bankrupt, notice of any act of bankruptcy by such bankrupt committed, or that he was insolvent, or had stopped payment ; provided always, that the issuing a commission of bankrupt, although such commission shall afterwards be superseded, shall be deemed such notice ; and every person against whom any such...
Page 98 - Commissioners, or one of them, of all creditors of above (1) twenty pounds, who shall, from time to time, prove their debts, and of the amount of their respective debts, which list, as the same shall, from time to time, be made up, shall be signed by three of the Commissioners : And in order that due notice of this Order may be given, I direct copies thereof to be put up in the Office of my Secretary of Bankrupts. ELDON, C. (I) Tins should bo
Page v - October 1809, all Petitions in Bankruptcy presented for hearing shall, before they are presented, be respectively signed by the Petitioners, except in cases of Partnership, or absence from the kingdom ; in the former of which cases the signature of one of the Partners is to be deemed sufficient...