The Law Relating to Bills of Sale; With Notes Upon Fraudulent Assignments and Preferences, and the Doctrine of Reputed Ownership in Bankruptcy, and an Appendix of Statutes, Precedents and Forms
The Law Relating to Bills of Sale; With Notes Upon Fraudulent Assignments and Preferences, and the Doctrine of Reputed Ownership in Bankruptcy, and an Appendix of Statutes, Precedents and Forms
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 Excerpt: ...683; 31 L. J., C. P. 193 (g) Ex parte Games, 12 Ch. D. 314; 40 L. T. 789; 27 W. E. 744. (A) See, generally, Whitwell v. Thompson, 1 Esp. 72; Oriental Bank v. Coleman, 3 Giff. 11; 30 L. J., Ch. 635; 9 W. E. 432; Lomax v. Burton, L. E., 6 C. P. 107; 40 L. J., C. P. 150; 24 L. T. 137; 19 W. E. 441. ii) Newton v. Chantler, ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 Excerpt: ...683; 31 L. J., C. P. 193 (g) Ex parte Games, 12 Ch. D. 314; 40 L. T. 789; 27 W. E. 744. (A) See, generally, Whitwell v. Thompson, 1 Esp. 72; Oriental Bank v. Coleman, 3 Giff. 11; 30 L. J., Ch. 635; 9 W. E. 432; Lomax v. Burton, L. E., 6 C. P. 107; 40 L. J., C. P. 150; 24 L. T. 137; 19 W. E. 441. ii) Newton v. Chantler, 7 East, 138; cf. Johnson v. Fesenmeyer, eG. &J. 13; 25 Beav. 88. But in one case (?c) where E., a trader, being insolvent, tinder pressure assigned all his property to the plaintiff, a creditor, without fraud and without intention to prefer, and was a few days afterwards adjudicated bankrupt on his own petition, it was held that though the assignment would have amounted to an act of bankruptcy, yet, as it could not be avoided as an act of bankruptcy, it was not fraudulent and voidable by the assignees in the bankruptcy without fraud in fact. But now, by sect. 11 of the Bankruptcy Act, 1869, the title of the trustee may relate back for twelve months next preceding the order of adjudication. After the lapse of twelve months the deed would be valid (I). It would seem that it would now make no difference that the petition for liquidation is presented by the debtor. An assignment by a trader of the whole of his property by way of indemnity against a past debt, or to secure a surety against his liability already incurred for the grantor's debts, is an act of bankruptcy (m). In such a case the grantor gets no equivalent for the assignment, and his general creditors cannot possibly benefit by it. It would be otherwise if the assignment was given to secure a person becoming surety for the repayment of a present advance (n). A debtor does not commit an act of bankruptcy by selling the whole of his estate. In such a case he merely changes the form o...
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