 | William Alfred Luby - Bankruptcy - 1901 - 328 pages
...(Russell ••. Owen, 61 Mo. 185; s c. 15 BR 322, citing Brown -'. Banh, 6 Bush [Ky.], 198). The b A set-off or counterclaim shall not be allowed in...any debtor of the bankrupt which (1) is not provable effect of this decision under that Act was a waiver of the amount that might have been off-set, by... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 648 pages
...set-off against the other, and the balance only shall be allowed or paid. 6. A set-off or counter claim shall not be allowed in favor of any debtor of the...bankrupt which (1) is not provable against the estate; or (2) was purchaser! by or transferred to him after the filing of the petition, or within four months... | |
 | Commercial law - 1913 - 632 pages
...and ове debt ahall be set off against the other, and the balance only shall be allowed or paid. b A set-off or counter-claim shall not be allowed In...bankrupt which (1) Is not provable against the estate; or (2) was purchased by or transferred to him after the filing of the petition, or within four months... | |
 | Samuel Williston - Bankruptcy - 1902 - 680 pages
...to be maintained it must be brought within the words of the section referred to. Those words are : "A set-off or counterclaim shall not be allowed in...bankrupt which (1) is not provable against the estate." These words are universal in form, and we do not see how a set-off can be claimed in this case outside... | |
 | Law reports, digests, etc - 1902 - 1054 pages
...commencement of the bankruptcy proceedings, under the act of 1898, § 68ft, providing that a set-oft or counterclaim shall not be allowed In favor of any debtor of the bankrupt which was transferred to him after the filing of the petition or within four months before such filing with... | |
 | Edward Voigt, Charles Voigt - Commercial law - 1904 - 836 pages
...one debt shall be set off against the other, and the balance only shall be allowed or paid. A set off or counter-claim shall not be allowed in favor of...bankrupt which (1) is not provable against the estate; or (2) was purchased by or transferred to him after the filing of the petition, or within four months... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1906 - 754 pages
...counterclaim to prevail would not be contrary to the purpose of section 68 of the Bankruptcy Act, which provides: "A set-off or counterclaim shall not be...allowed in favor of any debtor of the bankrupt which * * * (2) was purchased by or transferred to him after filing of the petition or within four months... | |
 | Commercial law - 1906 - 534 pages
...and one debt shall be set off against the other, and the balance only shall he allowed or paid. (b) A set-off or counter-claim shall not be allowed in favor of any debtor of the bankrupt which is not provable against the estate; or was purchased by or transferred to him after the filing of the... | |
 | Law reports, digests, etc - 1906 - 1236 pages
...EFFECT. Bankr. Act July 1, 1898, c. 541, § 68, 30 Stnt. 505 [US Comp. St. 1903, p. 3450], providing that a set-off or counterclaim shall not be allowed in favor of any debtor of a bankrupt on a claim transferred to him within four months before the filing of a petition In bankruptcy,... | |
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Act; or (2) was purchased by or transferred to him after the filing of the petition or within four months before such filing, with a view to such use and with knowledge or notice that such bankrupt was insolvent or had committed an act of bankruptcy. 
