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" The deduction of a security is never to be made in bankruptcy but when it is the property of the bankrupt ; it is said that it must be so considered in this case, as the house in Demerara and that in Liverpool were partners ; but it is quite familiar,... "
Cases in Bankruptcy - Σελίδα 76
των Sir George Rose - 1813
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The Origin, Progress, and Present Practice of the Bankrupt Law ..., Τόμος 2

Edward Christian - 1818 - 696 σελίδες
...held, that they might prove against the acceptors without deducting their security; observing, that " the deduction of a security is never to be made in...bankruptcy, but when it is the property of the bankrupt." Exparte Parr, 1 Rose 76. Proof upon .< If goods are sold, or work and labour performed, withou£ any...

Reports of Cases in Bankruptcy: Decided by the Lord Chancellor ..., Τόμοι 1-3

Basil Montagu, William Scrope Ayrton - 1834 - 860 σελίδες
...equally divided, no decision was given on the point. In ex parte Parr, 1 Rose, 76, Lord Eldon said, " The deduction of a security is never to be made in bankruptcy, but where it is the property of the bankrupt ; it is said that it must be so considered in this 1834. case;...

Reports of Cases in Bankruptcy: Decided by the Lord Chancellor ..., Τόμος 1

Basil Montagu, William Scrope Ayrton - 1834 - 848 σελίδες
...equally divided, no decision was given on the point. In ex parte Parr, 1 Hose, 76, Lord Eldon said, " The deduction of a security is never to be made in bankruptcy, but where it is the property of the bankrupt ; it is said that it must be so considered in this 1834. case...

A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - 1840 - 1016 σελίδες
...Lord Chancellor to the same effect, and the claim of the petitioners was allowed. Lord Eldon — " The deduction of a security is never to be made in...question, whether the mortgage is the property of the firm, must be met in another way. The Commissioners must call another meeting ; the petitioners to...

A Treatise on the Law of Princpal and Surety, Σελίδα 685

Edward Dix Pitman - 1840 - 304 σελίδες
...of his debt, without deducting the value of the security ; the deduction of a security never being made in bankruptcy, but when it is the property of the bankrupt. Nor will a creditor be prevented from receiving dividends on the whole amount of his proof, provided...

The Law Magazine: Or, Quarterly Review of Jurisprudence, Τόμος 26

1841 - 496 σελίδες
...value of the security, But the Lord Chancellor Eldon decided in favour of the petitioners, saying, " the deduction of a security is never to be made in...bankruptcy but when it is the property of the bankrupt." In Ex parte Peacock, s a creditor of a firm had a mortgage security from one of the firm, who died,...

Reports of Cases in Bankruptcy: Argued and Determined in the Court ..., Τόμος 1

Basil Montagu, Edward Erastus Deacon, Sir John Peter De Gex, Great Britain. Court of Review - 1842 - 774 σελίδες
...to be administered in bankruptcy; Lord Eldon, assigning this reason for his judgment, namely, that " the deduction of a security is never to be made in...bankruptcy, but when it is the property of the bankrupt." In the present case, the security was given by the bankrupts themselves upon their own property. The...

A Selection of Leading Cases on Mercantile and Maritime Law: With Notes

Owen Davies Tudor - 1860 - 934 σελίδες
...bills and interest without deducting the value of the security. "The deduction," said his Lordship, " of a security is never to be made in bankruptcy, but...in one character drawers, and in another acceptors. . . . The Commissioners must call another meeting, the petitioners to prove without deducting their...

Wood's Collyer on the Law of Partnership: With an Appendix of Forms, Τόμος 2

John Collyer - 1878 - 976 σελίδες
...the Lord Chancellor to the same effect, and the claim of the petitioners was allowed. Lord Eldou : " The deduction of a security is never to be made in...question whether the mortgage is the property of the firm must be met in another way. The commissioners must call another meeting; the petitioners to prove...




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