A Treatise on Secret Liens and Reputed Ownership |
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Other editions - View all
A Treatise on Secret Liens and Reputed Ownership (Classic Reprint) Abram I. Elkus No preview available - 2017 |
Common terms and phrases
agreement apparent ownership applied bailment Bankrupt Act bankruptcy Central Trust Co Chancery chattel mortgages choses in action Circuit Court claims common law conditional sale consignment contract corporation Court of Appeals court of equity cred debtor debts decisions doctrine of reputed enacted enforce equitable lien equity Ex parte Watkins fact faith Federal Courts floating charge Fraudulent Conveyances Garcewich H. K. Porter held Holroyd insolvent itors Justice knitting company learned judge Lord Hardwicke Ludvigh ment Mobile Bank mort mortgagor ostensible ownership parties persons pledge pledgor presumption of reliance question record reputed owner Reputed Ownership clause result Rowles rule Ryall says Sexton South Carthage Statute of Fraudulent Statute of James Statute of Reputed subsequent creditors Supra Supreme Court Swofford Bros tion trade transaction true owner valid vendee vendor void warehouse Woolen Company York York Mfg
Popular passages
Page 179 - All goods being, at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in h'ia trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Page 106 - ... or not, it attaches in equity as a lien or charge upon the particular property, as soon as the assignor or contractor acquires a title thereto...
Page 182 - ... the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt, to all * * * (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him.
Page 182 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt...
Page 179 - ... have been and are devised and contrived of malice, fraud, covin, collusion, or guile, to the end, purpose, and intent to delay, hinder or defraud creditors and others of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries, and reliefs...
Page 181 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands...
Page 182 - that a sale of any portion of a stock of merchandise otherwise than in the ordinary course of trade...
Page 182 - Provided, That when any bankrupt shall have any insurance policy which has a cash surrender value payable to himself, his estate, or personal representatives, he may, within thirty days after the cash surrender value has been ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own, and carry such policy free from the claims of the creditors participating in the distribution of his estate under...
Page 126 - But if the consignee is at liberty to sell at any price he likes, and receive payment at any time he likes, but is to be bound if he sells the goods to pay the consignor for them at a fixed price and...
Page 16 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...