| Edward Erastus Deacon - 1839 - 856 pages
...s. 52., the surety has only a right to s the place of his creditor, if he pays the whole amount of the debt, " or any part thereof in discharge of the whole debt." Sir GEORGE ROSE. — It seems to me very reasonable, 1839. that the creditor should receive dividends... | |
| John Collyer - 1840 - 1016 pages
...the 6 Geo. 4, c. 16, s. 52, " any person who, at the issuing the commission, (fiat), shall be surety or liable for any debt of the bankrupt, if he shall...(although he may have paid the same after the commission issued), shall be entitled to prove his demand as a debt under the commission." On the construction... | |
| Edward Dix Pitman - 1840 - 304 pages
...liable for any debt of the bankrupt, or bail for the bankrupt, either to the sheriff or to the action, if he shall have paid the debt or any part thereof...(although he may have paid the same after the commission issued), if the creditor shall have proved his debt under the commission, shall be entitled to stand... | |
| 1840 - 946 pages
...Chancellor. Mr. Rogers, for the appellant, cited the 52d section of the Bankrupt Act,(a) a surety " if he shall have paid the debt, or any part thereof, in discharge of the whole debt," is declared, " if the creditor shall have proved his debt under the .commission, entitled to stand... | |
| Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1068 pages
...-tc 16' s. 52., which enacts that " any person who, at the issuing of the commission, shall be surety or liable for any debt of the bankrupt, if he shall...although he may have paid the same after the commission issued* if the creditor shall have proved his debt under the commission, shall be entitled to stand... | |
| Edward Erastus Deacon - 1841 - 420 pages
...terms of the statute, the surety is only entitled to stand in the place of the creditor, when he pays the debt, or any part thereof, in discharge of the whole debt. There is no pretence for withholding the dividends. Order made, but without costs. 1839. Ex partc Coi'LEsToNE.... | |
| Thomas Starkie - 1842 - 1186 pages
...»urety. debt (z) of the bankrupt, or bail (a) for the bankrupt, either to the sheriff or to the action, if he shall have paid the debt, or any part thereof in discharge of the whole debt (ft), although he may have paid the same after the commission issued, if the creditor shall have proved... | |
| Great Britain. Court of King's Bench, Charles James Gale, Sir Henry Davison - 1843 - 908 pages
...liable for any debt of the bankrupt, or bail for the bankrupt either to the sheriff or to the action, if he shall have paid the debt or any part thereof...(although he may have paid the same after the commission issued), if the creditor shall have proved his debt under the commission, shall be entitled to stand... | |
| Great Britain. Court of King's Bench, Charles James Gale, Sir Henry Davison - 1843 - 896 pages
...liable for any debt of the bankrupt, or bail for the bankrupt either to the sheriff or to the action, if he shall have paid the debt or any part thereof...(although he may have paid the same after the commission issued), if the creditor shall have proved his debt under the commission, shall be entitled to stand... | |
| Great Britain. Court of Common Pleas, John Scott - 1843 - 966 pages
...liable for any debt of the bankrupt, or bail for the bankrupt, either to the sheriff or to the action, if he shall have paid the debt, or any part thereof in discharge of the 1841. whole debt (although he may have paid the same after the commission issued), if the creditor... | |
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