A Treatise On the Law And Practice Respecting Bills of Sale: With the ...
A Treatise On the Law And Practice Respecting Bills of Sale: With the ...
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v.
Green, 16 M. & W. 223 ; Re Thornton, U Ir. Jur. N. S. 62.
* Acraman r. Bates, 2 E. & E. 456 ; Trismall v, Lovegrove, 10 W. R. 627.
^ See supra, pp. 73, 79» e3 d by Google GZ ASSIGNEES IN BANKRUPTCY, ETC.
under a custom as aforesaid. But there has been no case upon this act or ever will, wherein a court of law or equity will do so severe a thing^ as to subject the property of one man to the debts of another without proof of the consent of the real owner to leave them in the power of the Bankr...upt (possession only not being sufSicient), or a laches in letting them remain there so as to get him a false credit.^ When the goods are transferred into the Bankrupt's possession, or dealt with as his own, without the true owner's knowledge, the absence of consent on his part will be implied.* When collieries, machinery, &c.,.
were mortgaged, and the mortgagor, retaining pos- session, leased them, without notice to the mort- gagee, to a third party who then took possession and who became bankrupt, the Bankrupt's posses- sion was held not to have been with the consent of the true owner who was the mortgagee.' So when goods were obtained by the Bankrupt under fraudulent circumstances, such as would have justified the vendor in the recision of the con- tract.* And the implication of consent on the * See per Lord Hardwicke, West v.
What to read after A Treatise On the Law And Practice Respecting Bills of Sale: With the ...?
You can find similar books in the "Read Also" column, or choose other free books by James Byrne to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
v.
Green, 16 M. & W. 223 ; Re Thornton, U Ir. Jur. N. S. 62.
* Acraman r. Bates, 2 E. & E. 456 ; Trismall v, Lovegrove, 10 W. R. 627.
^ See supra, pp. 73, 79» e3 d by Google GZ ASSIGNEES IN BANKRUPTCY, ETC.
under a custom as aforesaid. But there has been no case upon this act or ever will, wherein a court of law or equity will do so severe a thing^ as to subject the property of one man to the debts of another without proof of the consent of the real owner to leave them in the power of the Bankr...upt (possession only not being sufSicient), or a laches in letting them remain there so as to get him a false credit.^ When the goods are transferred into the Bankrupt's possession, or dealt with as his own, without the true owner's knowledge, the absence of consent on his part will be implied.* When collieries, machinery, &c.,.
were mortgaged, and the mortgagor, retaining pos- session, leased them, without notice to the mort- gagee, to a third party who then took possession and who became bankrupt, the Bankrupt's posses- sion was held not to have been with the consent of the true owner who was the mortgagee.' So when goods were obtained by the Bankrupt under fraudulent circumstances, such as would have justified the vendor in the recision of the con- tract.* And the implication of consent on the * See per Lord Hardwicke, West v.
What to read after A Treatise On the Law And Practice Respecting Bills of Sale: With the ...?
You can find similar books in the "Read Also" column, or choose other free books by James Byrne to read onlineMoreLess
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