The Bankrupt Law of the United States, 1867,: With Notes, and a Collection of American and English Decisions Upon the Principles and Practice of the Law of Bankruptcy. Adapted to the Use of the Lawyer and Merchant

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Harper & brothers, 1867 - Bankruptcy - 325 pages

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Page 154 - ... or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property, either directly or indirectly, absolutely or conditionally — the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be benefited thereby, or by such attachment, having reasonable cause to believe such person is insolvent, and that such attachment.
Page 9 - Sir, that the Constitution, and the laws of the United States made in pursuance thereof, shall be the supreme law of the land, any thing in the constitution or laws of any state to the contrary notwithstanding.
Page 77 - ... b A set-off or counterclaim shall not be allowed in favor of any debtor of the bankrupt which (1) is not provable against the estate; or (2) was purchased by or transferred to him after the filing of the petition, or within four months before such filing, with a view to such use and with knowledge or notice that such bankrupt was insolvent, or had committed an act of bankruptcy.
Page 204 - It is clearly settled, though I regret it, that if a man stipulates that as the reward of his labor he shall have, not a specific interest in the business, but a given sum of money, even in proportion to a given quantum of the profits, that will not make him a partner; but if he agrees for a part of the profits as such, giving him a right to an account, though having no property in the capital, he is, as to third persons, a partner, and in a question with third persons no stipulation can protect...
Page 36 - That as soon as said assignee is appointed and qualified, the judge, or, where there is no opposing 'interest, the register, shall, by an instrument under his hand, assign and convey to the assignee all the estate, real and personal, of the bankrupt, with all his d^eeds, books, and papers relating thereto...
Page 154 - If any person being insolvent, or in contemplation of insolvency or bankruptcy, within six months before the filing of the petition by or against him...
Page 239 - ... transfers of goods, in the ordinary course of business of any trade or calling, bills of sale of goods in foreign parts or at sea, bills of lading, India warrants, warehouse-keepers...
Page 230 - State, with intent to defraud his or its creditors; or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete property, with the like intent...
Page 230 - ... has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...

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