A Treatise On The Law Of Bankruptcy In Scotland

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A Treatise on the Law of Bankruptcy

George Young Robson
A Treatise on the Law of Bankruptcy Book PDF

Author : George Young Robson
Publisher : Unknown
Page : 1424 pages
File Size : 53,5 Mb
Release : 1894
Category : Actes de vente
ISBN : OSU:32437121762435

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A Treatise on the Law of Bankruptcy by George Young Robson Pdf

The Law of Bankruptcy, Insolvency, and Mercantile Sequestration, in Scotland

John Hill Burton
The Law of Bankruptcy Insolvency and Mercantile Sequestration in Scotland Book PDF

Author : John Hill Burton
Publisher : Theclassics.Us
Page : 162 pages
File Size : 55,8 Mb
Release : 2013-09
Category : Electronic
ISBN : 1230351582

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The Law of Bankruptcy, Insolvency, and Mercantile Sequestration, in Scotland by John Hill Burton Pdf

This 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...

A Treatise on the Law of Bankruptcy

John Lowell,James Arnold Lowell
A Treatise on the Law of Bankruptcy Book PDF

Author : John Lowell,James Arnold Lowell
Publisher : Unknown
Page : 928 pages
File Size : 44,6 Mb
Release : 1899
Category : Bankruptcy
ISBN : STANFORD:36105044209349

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A Treatise on the Law of Bankruptcy by John Lowell,James Arnold Lowell Pdf

Manual of the Law of Insolvency and Bankruptcy

James Murdoch
Manual of the Law of Insolvency and Bankruptcy Book PDF

Author : James Murdoch
Publisher : Unknown
Page : 534 pages
File Size : 51,8 Mb
Release : 2016-06-21
Category : Law
ISBN : 1332838898

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Manual of the Law of Insolvency and Bankruptcy by James Murdoch Pdf

Excerpt from Manual of the Law of Insolvency and Bankruptcy: Comprehending a Treatise on the Law of Insolvency, Notour Bankruptcy, Composition-Contracts, Trust-Deeds, Cessios, and Sequestrations A claim may be established or cut down by three kinds of evidence: 1. By writing; 2. By oath and, 3. By witnesses. The debt may in all cases be proved or disproved by writing or oath it may be proved by the writing or oath of the debtor, or disproved by the writing or oath of the creditor. But proof by witnesses is more. Circumscribed for while, as a general rule, all contracts may be so proved, yet, where there has been no consideration for the debt, it can only be evidenced by the writing or oath of the debtor. The first mode of proof is incomparably the best for the pos session of a writing - such as a bill of exchange - enables the creditor Within a week to put the debtor in prison or attach his goods. N 0 process is required to constitute the debt - the mere possession of such a document puts the debtor, and not the creditor, in the position of pursuer; for if the debtor has any objection to the debt he must raise a process of suspension at his own instance, and before he is allowed to proceed he must, as a rule, consign in court the amount of the bill, or find secu rity for the payment of it. When no such writing exists, but the debt stands on an open account, a regular process for Oh taining a decree must be raised by the creditor, during which the debtor may, if he is so disposed, put the creditor to vast expense and trouble: he may take advantage of all the forms of court he may have a pleading at every stage he may cause the creditor to prove his whole case; and, in addition to this, the creditor, in such instances, always runs the risk of losing the evidence of his witnesses from death and other causes. Where the creditor has no such document as a bond or a bill, but requires to raise a law process for the purpose of obtaining such judgment or decree, the result is to put him in the same position practically as if he had had a bond or bill. This process must be raised in Scotland. No process raised in any foreign court against a person whose domicile is in Scotland is of any avail. In matters of civil jurisprudence, England, Scotland, and Ireland are foreign countries to each other. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

A Treatise on the Law of Evidence in Scotland

William Gillespie Dickson
A Treatise on the Law of Evidence in Scotland Book PDF

Author : William Gillespie Dickson
Publisher : Unknown
Page : 646 pages
File Size : 48,6 Mb
Release : 1864
Category : Evidence (Law)
ISBN : OXFORD:N11072536

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A Treatise on the Law of Evidence in Scotland by William Gillespie Dickson Pdf

The Quistclose Trust

William Swadling
The Quistclose Trust Book PDF

Author : William Swadling
Publisher : Hart Publishing
Page : 214 pages
File Size : 46,5 Mb
Release : 2004-02
Category : Law
ISBN : 9781841134123

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The Quistclose Trust by William Swadling Pdf

The decision of the House of Lords in Twinsectra v Yardley (2002) has refocused attention on the Quistclose trust (Barclays Bank v Quistclose Ltd 1970] AC 567). Although accepted by British insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the supposed foundations of the trust and subject them to a searching analysis. In particular, attention will focus on Lord Millett's controversial analysis in Twinsectra of the way the trust works and his assertion that it is consistent with traditional principles of trust law.