A Treatise on the Law and Practice of Voluntary Assignments for the Benefit of Creditors: As Adapted to the Laws of the Various States |
From inside the book
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Page 20
... authority to be only declaratory of the common law , which , in the opin- ion of Lord Mansfield , was so strong against fraud , that it alone would have attained every end proposed by the stat utes themselves . More will be said on this ...
... authority to be only declaratory of the common law , which , in the opin- ion of Lord Mansfield , was so strong against fraud , that it alone would have attained every end proposed by the stat utes themselves . More will be said on this ...
Page 25
... authority can exact them ; and when made , they partake of the nature of a private contract . The assignee derives his authority en- tirely from the grantor , and the appointment carries with it an actual and not merely a theoretical ...
... authority can exact them ; and when made , they partake of the nature of a private contract . The assignee derives his authority en- tirely from the grantor , and the appointment carries with it an actual and not merely a theoretical ...
Page 46
... authority , and unless the creditors fail to avail themselves of this privilege , sales and transfers made by the assignee prior to the appointment of the agent of the creditors are declared null and void . By an amendment of 1882 ...
... authority , and unless the creditors fail to avail themselves of this privilege , sales and transfers made by the assignee prior to the appointment of the agent of the creditors are declared null and void . By an amendment of 1882 ...
Page 58
... authority of Bamford v . Baron . " A little later Lord Eldon , in Ex parte Bourne , went somewhat more into the question . He said , " I recollect cases in which it was settled upon a singular ground , that an assignment of all the ...
... authority of Bamford v . Baron . " A little later Lord Eldon , in Ex parte Bourne , went somewhat more into the question . He said , " I recollect cases in which it was settled upon a singular ground , that an assignment of all the ...
Page 59
... authority by which he had declared himself bound in Ex parte Bourne . The rule thus established has been frequently applied by the British courts , and although attempts have been made on the part of the legislature to relax it , none ...
... authority by which he had declared himself bound in Ex parte Bourne . The rule thus established has been frequently applied by the British courts , and although attempts have been made on the part of the legislature to relax it , none ...
Contents
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Other editions - View all
A Treatise on the Law and Practice of Voluntary Assignments for the Benefit ... Alexander M. Burrill No preview available - 2015 |
Common terms and phrases
amount Appeal appoint assent assigned property assignee assignor Bank bankruptcy Barb benefit of creditors bond Brightley cestui que trust chattels choses in action cited claims clause Conn conveyance conveyed copartner Court of Chancery court of equity cred debtor debtor's property debts due declared deed of trust defraud delay discharge dividend equity erty execution filed firm fraud fraudulent and void fraudulent conveyances fund give grantor Gratt held hinder insolvent instrument intent interest invalid inventory Iowa itors judgment Justice liability lien ment mortgage N. J. Eq Ohio St paid Paige partner payment Penn Pennsylvania personal property Pick possession preferred creditors prop property assigned provision real estate release rule Sandf schedule sell signee signment Smith Stat statute stipulation supra Supreme Court surplus tion transfer usurious valid voluntary assignment Wend York
Popular passages
Page 471 - Every conveyance or assignment, in writing or otherwise, of any estate or interest in lands, or in goods or things .in action, or of any rents or profits issuing therefrom, and every charge upon lands, goods, or things in action, or upon the rents...
Page 752 - Now, this indenture witnesseth that the said party of the first part, in consideration of the premises, and of the sum of one dollar to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged...
Page 144 - Campau was said to be worth $100,000; but when the change of times came, he made an assignment of all his property for the benefit of his creditors, except the Old Congregational Church, which he deeded to his mother.
Page 56 - ... made any pledge, payment, transfer, assignment, or conveyance of any part of his property, directly or indirectly, absolutely or conditionally, for the purpose of preferring any creditor or person having a claim against him, or who is or may be under liability for him, or for the purpose of preventing the property from coming into the hands of the assignee, or of being distributed under this act in satisfaction of his debts...
Page 779 - America, to be paid to the said , or to his certain attorney, heirs, executors, administrators, or assigns, for which payment well and truly to be made we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents.
Page 468 - ... shall be from henceforth deemed and taken (only as against that person or persons, his or their heirs, successors, executors, administrators and assigns, and every of them, whose actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries and reliefs, by such guileful, covinous, or fraudulent devices and practices, as is aforesaid, are, shall, or might be in any ways disturbed, hindered, delayed, or defrauded), to be clearly and utterly void, frustrate, and of none effect...
Page 1 - It may be defined to be a transfer of the absolute or general property In a thing for a price in money.
Page 341 - All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.
Page 745 - ... at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, assigned, transferred and set over, and by these presents...
Page 569 - The undertaking shall be in the amount of one hundred dollars ($100), or such greater sum as the court shall fix upon good cause shown, with at least two sufficient sureties, to be approved by the court. Unless the plaintiff files such undertaking within 20 days after service of a demand therefor, his action shall be dismissed.