The Law of Bankruptcy, Insolvency, and Mercantile Sequestration, in Scotland
Author: John Hill Burton
Publisher:
Published: 1845
Total Pages: 394
ISBN-13:
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Author: John Hill Burton
Publisher:
Published: 1845
Total Pages: 394
ISBN-13:
DOWNLOAD EBOOKAuthor: John Hill Burton
Publisher: Theclassics.Us
Published: 2013-09
Total Pages: 162
ISBN-13: 9781230351582
DOWNLOAD EBOOKThis 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. 1845 edition. Excerpt: ... ditor has only got a dividend, pursue him for the full counter debt. Baillie v. Young, 22d Dec. 1837, 16 S. 294. This was a very peculiar case. The bankrupt had been discharged on a composition contract. Having paid a composition on certain bills, he obtained decree for a debt in an action against the person standing in right to them, the cause of action having arisen before the sequestration. It was on these facts found by verdict of a jury, that the bankrupt's discharge was fraudulently obtained, and it was reduced quoad the interest of this particular creditor. The result was, that compensation being allowed to act, tho bankrupt was found to be still debtor in the excess of the claim against him over that for which he had obtained decree against the creditor, deducting the amount of the composition. When there is a concurrence of debts before bankruptcy, it is essential to the principle of compensation, that neither the creditors at large, nor the bankrupt himself should be entitled to exact full payment and give only a dividend in return. sect. 2. retention of money. Retention distinguished from Compensation and Lien.--The proper foundation of the law of compensation is, not that the party pleading it has a security for payment of his debt, or is in possession of a fund out of which he may pay himself, but that by the concourse of debt and credit both debts are paid and extinguished. It is hence a necessary element in the operation of compensation, that both the debts should be liquid at the time when the compensation exists. But there are circumstances in which a person may retain money he is due to another in security for a liability of that other person not yet liquid and exigible; and as this cannot proceed on the principle of a...
Author: John Hill Burton
Publisher:
Published: 1845
Total Pages:
ISBN-13:
DOWNLOAD EBOOKAuthor: John Hill Burton
Publisher: Scholar's Choice
Published: 2015-02-08
Total Pages: 390
ISBN-13: 9781294951100
DOWNLOAD EBOOKThis 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: George Joseph Bell
Publisher:
Published: 1870
Total Pages: 768
ISBN-13:
DOWNLOAD EBOOKAuthor: John Hill Burton
Publisher:
Published: 1847
Total Pages:
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DOWNLOAD EBOOKAuthor: George Joseph Bell
Publisher:
Published: 1826
Total Pages: 904
ISBN-13:
DOWNLOAD EBOOKAuthor: George Joseph Bell
Publisher:
Published: 1840
Total Pages: 232
ISBN-13:
DOWNLOAD EBOOKAuthor: John Hill Burton
Publisher:
Published: 1845
Total Pages: 838
ISBN-13:
DOWNLOAD EBOOKAuthor: Henry Goudy
Publisher:
Published: 1914
Total Pages: 850
ISBN-13:
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