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" ... the proving or claiming a debt under a commission 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 : provided that such creditor shall not be liable to... "
Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ... - Page 172
by Frederick Augustus Carrington, Great Britain. Court of King's Bench, Joseph Payne - 1827
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 8

Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 622 pages
...or suit, and all benefit from the same ; and that the proving or claiming a debt under a commission by any creditor shall be deemed an election by such...such commission with respect to the debt so proved or claimed by him ; " and so long as that statute continued an act of the legislature, the mere proof...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 pages
...writing for the discharge of such bankrupt ; and the proving or claiming a debt under a commission by any creditor shall be deemed an election by such...such commission with respect to the debt so proved or claimed : provided that such creditor shall not be liable to the payment to such bankrupt or his...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court - 1834 - 924 pages
...writing for the discharge of such bankrupt ; and that the proving or claiming a debt under a commission by any creditor shall be deemed an election by such...such commission with respect to the debt so proved or claimed; provided that such creditor shall not be liable to the payment to such bankrupt or his...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - 1835 - 816 pages
...of the 6 Geo. 4, c. 16, expressly declares that "' the proving or claiming a debt under a commission by any creditor shall be deemed an election by such...such commission with respect to the debt so proved or claimed." The 131st section clearly was not intended to apply to transactions occurring before the...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench - 1835 - 1218 pages
...relinquishing such action or suit;" and afterwards, that " the proving or claiming a debt under a commission by any creditor shall be deemed an election by such...such commission, with respect to the debt so proved, provided that such creditor shall not be liable to the payment to such bankrupt or his assignees, of...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 1

Great Britain. Court of Common Pleas, Peregrine Bingham - 1835 - 818 pages
...TINDAL CJ All that the clause directs is, that " the proving or claiming a debt under a com mission by any creditor, shall be deemed an election by such...such commission, with respect to the debt so proved or claimed, provided that such creditor shall not be liable to the payment to such bankrupt or his...
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The Law-dictionary, Explaining the Rise, Progress, and Present ..., Volume 1

Sir Thomas Edlyne Tomlins - 1835 - 854 pages
...in writing for the discharge of such bankrupt, and the proving or claiming a debt under a commission by any creditor shall be deemed an election by such...such commission with respect to the debt so proved or claimed ; provided that such creditor shall not be liable to the payment to such bankrupt, or his...
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The Statutes of the United Kingdom of Great Britain and Ireland, Passed in ...

Great Britain - 1836 - 896 pages
...Writing for the Discharge of such Bankrupt ; and the proving or claiming a Debt under a Commission by any Creditor shall be deemed an Election by such...such Commission with respect to the Debt so proved or claimed ; provided that such Creditor shall not be liable to the Payment to such Bankrupt or his...
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Reports of Cases Argued and Determined in the Court of Exchequer: With a ...

Francis Stack Murphy, Edwin Tyrrell Hurlstone, Great Britain. Court of Exchequer - 1838 - 416 pages
...commission, without relinquishing such action or suit ; and the proving or claiming a debt under a commission by any creditor, shall be deemed an election by such...such commission, with respect to the debt so proved or claimed." As the act of claiming under the commission operates as a discontinuance, the Court will...
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - 1840 - 1016 pages
...at law for the other. For the act says — " That the proving or claiming a debt under a commission, by any creditor, shall be deemed an election by such...such commission, with respect to the debt so proved or claimed (b)." But although there be distinct debts, the creditor cannot bring his action for the...
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