The Origin, Progress, and Present Practice of the Bankrupt Law: Both in England and in Ireland, Volume 2W. Clarke and Sons, 1818 - Bankruptcy |
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Common terms and phrases
accepted acceptor act of bankruptcy admitted affidavit afterwards amount annuity assignee or assignees assignees assumpsit bankers bankrupt's estate became bankrupts bill of exchange bond commis commission of bankrupt commissioners contract court of Chancery court of equity court of King's court of law covenant debtor decided declared defendant delivered deposited discharge ditor dividend drawer equity execution Exparte expence holder indorsed interest issued joint commission joint creditors joint debts joint estate joint property judgment King's Bench liable lien Lord Chancellor Lord Eldon Lord Ellenborough Lord Hardwicke Lord Kenyon Lord Mansfield Lord Rosslyn Lord Thurlow mission mortgage paid partnership party payable payment person petitioner petitioning creditor petitioning creditor's debt plaintiff pound proof prove his debt recover Rose rupt ruptcy separate commission separate creditors separate estate sion sold solvent partner statute sued superseded surety tion trade trustees
Popular passages
Page 353 - ... if he shall have paid the debt, or any part thereof in discharge of the whole debt...
Page 515 - 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.
Page 148 - If the notes remitted had been the property of the Commonwealth Bank, there would be no doubt of the right to retain, because it has been long settled that wherever a banker has advanced money to another he has a lien on all the paper securities which are in his hands for the amount of his general balance, unless such securities were delivered to him under a particular agreement.
Page 176 - If I sell my horse for money, I may keep him until I am paid, but I cannot have an action of debt until he be delivered, yet the property of the horse is by the bargain in the bargainee or buyer ; but if he presently tender me my money, and 1 refuse it, he may take the horse, or have an action of detinue...
Page 261 - If one man takes another's money to do a thing, and refuses to do it; it is a fraud: and it is at the election of the party injured, either to affirm the agreement, by bringing an action for the non-performance of it; or to disaffirm the agreement ab initio, by reason of the fraud, and bring an action for money had and received to his use.
Page 40 - It is settled, and is a resolution of convenience, that the joint creditors shall be first paid out of the partnership or joint estate, and the separate creditors out of the separate estate of each partner ; and if there be a surplus of the joint estate, besides what will pay the joint creditors, the same shall be...
Page 189 - Sydney, five hundred cases champagne wine, being marked and numbered as per margin, and are to be delivered in like good order and condition, at the aforesaid port of Sydney (all and every the dangers and accidents of the seas and navigation, of whatsoever nature or kind excepted), unto order or to assigns, he or they paying freight for the said goods here as per margin, with average accustomed.
Page 503 - Court shall thereupon make such Order as in all the Circumstances of the Case shall seem meet and just, and such Order shall be binding on all Parties.
Page 478 - That from and after the passing of that act, it shall not be lawful for any creditor, who has or shall have brought any action, or instituted any suit against any bankrupt, in respect of any demand which arose...
Page 189 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished, the other two to stand void, and so God send the good ship to her desired port in safety. Amen.