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
Results 1-5 of 76
Page 26
... partnership , by corporations , and by other specific classes or persons . The assignment is void against creditors not assenting if it gives a preference or tends to coerce a release or compromise , or if it provides for the payment of ...
... partnership , by corporations , and by other specific classes or persons . The assignment is void against creditors not assenting if it gives a preference or tends to coerce a release or compromise , or if it provides for the payment of ...
Page 39
... partnerships , and these conveyances were governed by the statute of fraudulent conveyances , as applied and construed by the courts , and certain general provisions of the revised statutes relative to the creation of trusts . The act ...
... partnerships , and these conveyances were governed by the statute of fraudulent conveyances , as applied and construed by the courts , and certain general provisions of the revised statutes relative to the creation of trusts . The act ...
Page 45
... partnership is valid unless it provides for a pro rata distribution among all the creditors . 8 § 31. South Carolina . - In South Carolina , the creditors 1 Laws of 1864 , p . 762 ; Purdon's Digest ( Brightley ) , p . 93 . ' Laws of ...
... partnership is valid unless it provides for a pro rata distribution among all the creditors . 8 § 31. South Carolina . - In South Carolina , the creditors 1 Laws of 1864 , p . 762 ; Purdon's Digest ( Brightley ) , p . 93 . ' Laws of ...
Page 90
... partnership ef- fects has likewise given rise to judicial discussion and legis- lative enactment . The questions thus presented will be con- sidered in the course of the present chapter . But , before entering upon this division of the ...
... partnership ef- fects has likewise given rise to judicial discussion and legis- lative enactment . The questions thus presented will be con- sidered in the course of the present chapter . But , before entering upon this division of the ...
Page 94
... partnerships when insolvent , re- marks : " To declare that open and notorious bankruptcy is the true and only test of insolvency , would defeat in most cases the design of the law , inasmuch as the desire of the firm in failing ...
... partnerships when insolvent , re- marks : " To declare that open and notorious bankruptcy is the true and only test of insolvency , would defeat in most cases the design of the law , inasmuch as the desire of the firm in failing ...
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.