The Bankrupt Law of the United States. 1867 PDF Download
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Author: Edwin John James
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 348
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Author: Edwin John James
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 348
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Book Description
Author: United States
Publisher: Rarebooksclub.com
ISBN: 9781230012711
Category :
Languages : en
Pages : 152
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... meaning of the word "voluntary," and in contemplation of bankru tcy; for both circumstances must occur, Gibbon vs. Phillips, 7 & C., 529; Brown vs. Kempton, 19 L. J., C. P., 169; if, in consequence of the act of the creditor, it is not voluntary, although the creditor may not have power to obtain immediate benefit to himself by taking legal steps, e. g., a surety, or one to whom the debt is due, but not ayable: --Van Casteel vs. Booker, 2 Ex., 691; Mogg vs. Baker, 4 ees & W., 348. The fact of pressure is not suflicient, if the jur believe that it did not cause the transfer, nor, on the other han, does it follow as a matter of law, though it is a strong presumption of fact, that because the first step in the transaction resulting in the preference was taken by the bankru t, that it was therefore voluntary.--Cook vs. Pritchard, 5 Mann. G., 329; Edwards vs. Glyn, 5 J ur., N. S., 1397. This definition of "voluntary" will render all the cases un_der the Insolvent Acts (which almost invariabl use the term " voluntary") applicable.--Doe vs. Gillett, 2 C., M. R., 581; Amell vs. Beau, 8 Bing., 87, 91. The definition iven in that case is a conveyance or gift, made without such valua le consideration as is sufficient to mduce a party acting_ really and bond fide under the influence of such consideration, or made in favor of a particular creditor spontaneously, and without an ressure on his part to obtain it. In Mogg vs. Baker (4 Mees., 348), it was eld, that a conveyance, in pursuance of a bond fide demand, was good; for that pressure, or an apprehension that, by not making the payment, he, the insolvent, would be in a worse condition, was un-necessary; and if there be pressure, it is immaterial that the...
Author: Edwin James
Publisher: Palala Press
ISBN: 9781357108816
Category :
Languages : en
Pages : 346
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: HardPress
Publisher: Hardpress Publishing
ISBN: 9781290970198
Category :
Languages : en
Pages : 346
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Book Description
Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Author: Edwin James
Publisher: Forgotten Books
ISBN: 9781330232385
Category : Law
Languages : en
Pages : 330
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Excerpt from The Bankrupt Law of the United States: With Notes, and a Collection of American and English Decisions Upon the Principles and Practice of the Law of Bankruptcy The Constitution of the United States delegates to Congress "the power to establish uniform laws on the subject of bankruptcies throughout the United States." Every commercial country has some system of bankruptcy. It was introduced into the jurisprudence of the Roman empire, and made universal by succeeding Christian emperors. The French and the Teutonic nations have adopted the system in their various codes, and in England it has prevailed for more than two centuries. The power to establish a law of bankruptcy has been exercised intermittently and at considerable intervals, to meet special emergencies arising out of commercial difficulties, and the laws enacted under it were repealed before they had formed even the basis of a system of legislation. The failure of the attempts at legislation upon this important subject is historic. The Bankrupt Act of 1800 was substantially for creditors only. It was a carefully-prepared Digest of the English statutes as they then existed, upon the subject of bankruptcy, without any proper adaptation of the system to the peculiar interests of commerce in this country. The Bankrupt Act of 1841 was in fact for the benefit of debtors only, and it was reported originally as a purely voluntary system. In the course of the discussion in Congress on the bill, amendments were ingrafted upon it which were intended to secure and protect the interests of creditors, but were found by experience to be inefficient and illusory. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Edwin James
Publisher: Forgotten Books
ISBN: 9780266340485
Category : Law
Languages : en
Pages : 342
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Excerpt from The Bankrupt Law of the United States: With Notes, and a Collection of American and English Decisions Upon the Principles and Practice of the Law of Bankruptcy His object has been to collate those authorities, American and English, which explain and elucidate the principles which regu late and control the administration of the law of bankruptcy; and by notes to the sections of the act, written in as clear and lucid style as he could command, to afl'ord assistance to the legal practitioner and general reader upon the questions, sometimes complicated and difficult, which will arise in the application of its various provisions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Miller Collier
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 744
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Author: William Miller Collier
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 636
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Author: United States
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 520
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Author: Edw James
Publisher:
ISBN:
Category :
Languages : en
Pages :
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