Cases in Bankruptcy, Volume 2
A. Strahan, 1828
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acceptances act of bankruptcy action admitted affidavit allowed amount annuity answer appeared application applied assignees August authority balance bank bankers bankrupt become benefit bills BURGESS carried cent certificate charge circumstances claim Clough commission commissioners committed consideration considered contended costs Court dealing debt decision delivered directed discharge dividend doubt effect entitled evidence examination execution fact firm further give given ground hands held interest issued Jacksons John joint joint estate judgment jurisdiction liable LINC Lord Chancellor March matter mission Montagu months necessary never notice objection obtained opinion paid parties payment person petitioner petitioning creditor pound prayed present principle proceed proceedings produce proof prove question reason received referred respect Reyner Rose rule separate separate estate signed solicitor statute sufficient supersede surety taken thereof tion trade trust VICE-CHANCELLOR whole
Page 168 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Page 409 - It is in the nature of the office of a trustee, whether expressed in the instrument or not, that the trust property shall reimburse him all the charges, and expenses incurred in the execution of the trust.
Page 289 - ... by law entitled to carry interest in the event of a surplus shall first receive interest on such debts at the rate of interest reserved or by law payable...
Page 6 - Jan, 1825. carrying on a distinct trade, on the firm, in ignorance that the drawers constitute part of the firm of the acceptors, proof is admitted against both the drawers and acceptors; and it is equally clear, that a person holding a joint and separate security for the same debt is in bankruptcy bound to elect.
Page 189 - ... persons who, either for themselves or as agents or factors for others, seek their living by buying and selling or buying and letting for hire goods or commodities, or by the workmanship or the conversion of goods or commodities...
Page 412 - Afterwards the surety to the original debt was called upon and paid it, and it was held that he was entitled to an assignment of the judgment against the bail.
Page 6 - Blackhurn, and are drawn by Isaac Blackburn, in his individual name indeed, but as I must take it, on the evidence, in his name as representing the firm of the two bankrupts. It does not appear to me, that this case ranges itself within that class of cases in which, contrary to the ordinary rule in bankruptcy, the holder has been allowed to pursue the contract appearing on the face of the bills, and to have double proof.
Page 409 - A bond creditor shall, in this court, have the benefit of all counter-bonds or collateral security given by the principal to the surety ; as if A owes B money, and he and C are bound for it, A gives C a mortgage or bond to indemnify him, B shall have the benefit of it to recover his debt.
Page 382 - Bankruptcy by any Creditor shall be deemed an Election by such Creditor to take the Benefit of such Fiat or Petition with respect to the Debt so proved or claimed...
Page 133 - The prayer of the petition was, that it might be referred to one of the Masters of the Court, to inquire...