The Law Of Bankruptcy Insolvency And Mercantile Sequestration In Scotland

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

Author : John Hill Burton
Publisher : Theclassics.Us
Page : 162 pages
File Size : 46,9 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...

The Law of Bankruptcy, Insolvency, and Mercantile Sequestration, in Scotland - Scholar's Choice Edition

Author : John Hill Burton
Publisher : Scholar's Choice
Page : 390 pages
File Size : 44,8 Mb
Release : 2015-02-08
Category : Electronic
ISBN : 1294951106

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The Law of Bankruptcy, Insolvency, and Mercantile Sequestration, in Scotland - Scholar's Choice Edition by John Hill Burton Pdf

This 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.

A Manual of the Law of Scotland, civil, municipal, criminal, and ecclesiastical; with a practical commentary on the mercantile law, and on the powers and duties of ... magistrates. (Supplement containing alterations and additions.)

Author : John Hill BURTON
Publisher : Unknown
Page : 460 pages
File Size : 40,8 Mb
Release : 1847
Category : Electronic
ISBN : BL:A0020242751

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A Manual of the Law of Scotland, civil, municipal, criminal, and ecclesiastical; with a practical commentary on the mercantile law, and on the powers and duties of ... magistrates. (Supplement containing alterations and additions.) by John Hill BURTON Pdf

A Catalogue of Books in the Library of the Society of Solicitors in the Supreme Courts of Scotland

Author : Society of Solicitors before the Supreme Courts of Scotland. Library
Publisher : Unknown
Page : 300 pages
File Size : 48,6 Mb
Release : 1871
Category : Law
ISBN : STANFORD:36105044568132

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A Catalogue of Books in the Library of the Society of Solicitors in the Supreme Courts of Scotland by Society of Solicitors before the Supreme Courts of Scotland. Library Pdf

Manual of the Law of Scotland

Author : John Hill Burton
Publisher : Unknown
Page : 468 pages
File Size : 54,7 Mb
Release : 1847
Category : Contracts
ISBN : OXFORD:N11124074

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Manual of the Law of Scotland by John Hill Burton Pdf