The Origin, Progress, and Present Practice of the Bankrupt Law: Both in England and in Ireland, Volume 2W. Clarke and Sons, 1814 |
Outras edições - Ver tudo
The Origin, Progress, and Present Practice of the Bankrupt Law ..., Volume 2 Edward Christian Visualização integral - 1818 |
Palavras e frases frequentes
acceptor act of bank act of bankruptcy action affidavit afterwards amount annuity arrest assignees assumpsit bankers bankrupt laws bankrupt's estate becomes a bankrupt bond certificate Chief Justice commission of bankrupt commissioners committed an act contract court of equity court of King's court of law debtor declared deed defendant delivered discharge ditors dividend effects equity execution Exparte fraud Fraudulent grant held indorsed insolvent joint commission joint creditors joint estate judgment King's Bench liable lien Lord Chancellor Lord Eldon Lord Ellenborough Lord Hardwicke Lord Kenyon Lord Macclesfield Lord Mansfield Lord Thurlow mission mortgage nisi prius opinion paid partner partnership party payment person petitioner petitioning creditor plaintiff principle proof prove question received recover rupt ruptcy scrivener Sect sell separate commission separate creditors separate estate sion sold solvent statute sued superseded surety tion trader trover trust verbatim
Passagens conhecidas
Página 708 - House has met before that day, or will meet on the day of the issue), issue his warrant to the clerk of the Crown to make out a new writ for electing another member in the room of the member whose seat has so become vacant.
Página 403 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void.
Página 708 - to repeal so much of two Acts made in the tenth " and fifteenth years of the reign of His present " Majesty as authorises the Speaker of the House of " Commons to issue his warrant to the clerk of the Crown " for making out writs for the election of members to " serve in Parliament in the manner therein mentioned ; " and for substituting other provisions for the like
Página 119 - ... doing the act; which is the motive for such an act when really done under the pressure of a threat. And if he got nothing by evading the threat, I should rather say that it was a voluntary act and preference on his part as to the particular creditors.
Página 96 - Stafford, when a verdict was by consent found for the plaintiff, subject to the opinion of the court upon the following case:— The plaintiff...
Página 709 - Parliament in the manner therein mentioned ; and for substituting other provisions for the like purposes," so far as those powers enable the Speaker to nominate and appoint other persons, being members of the House of Commons, to issue warrants for the making out of new writs during the vacancy of the office of Speaker or during his absence out of the realm, shall extend to enable him to make the like nomination and appointment for issuing warrants, under the like circumstances and conditions, for...
Página 557 - ... contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed...
Página 564 - ... 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...
Página 632 - ... there is no demand, for there was no relation between the parties, except that transaction ; and the circumstance of not taking the name upon the bill is evidence of a purchase of the bill.* In a sale of goods, the law implies a contract that those goods shall be paid for. It is competent to the party to agree that the payment shall be by a particular bill. In this instance, it would be extremely difficult to persuade a jury, under the direction of a judge, to say an agreement to pay by bills...
Página 680 - ... 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...