Cases Decided in the High Court of the South African Republic During the Year 1893
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In our eReader you can find the full English version of the book. Read Cases Decided in the High Court of the South African Republic During the Year 1893 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Cases Decided in the High Court of the South African Republic During the Year 1893
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The onus of proving that they did not know what Celliers had done lay on them. They had failed for a whole year in ascertaining what was done with the money. All cheques drawn on account of the estate were signed by directors of the board, and not by the trustees. There is no proof that Mijnhardt or De Yilliers Imew of what was being done with the money, nor that Beckett or TJeckermann had acquiesced in Celliers' actions.
Wessels (with him Esselen and Curlewis, contra) : Sects. 100 and 101 were... intended to prevent trustees of insolvent estates from making use of money belonging to the estate for theii' own pur- poses. Celliers neither kept the money in his own possession nor retained control of it. He deposited it with an institution which he regarded as a bank. The word " bank " as used by the Law must be interpreted in a reasonable manner. (Voet, 18. 19, 4.) The business of the Board of Executors was the same as that of a bank.
The payment of cheques does not constitute an essential element of the operations of a bank.
What to read after Cases Decided in the High Court of the South African Republic During the Year 1893?
You can find similar books in the "Read Also" column, or choose other free books by Kotzé, J. G. (John Gilbert), 1849-1940 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The onus of proving that they did not know what Celliers had done lay on them. They had failed for a whole year in ascertaining what was done with the money. All cheques drawn on account of the estate were signed by directors of the board, and not by the trustees. There is no proof that Mijnhardt or De Yilliers Imew of what was being done with the money, nor that Beckett or TJeckermann had acquiesced in Celliers' actions.
Wessels (with him Esselen and Curlewis, contra) : Sects. 100 and 101 were... intended to prevent trustees of insolvent estates from making use of money belonging to the estate for theii' own pur- poses. Celliers neither kept the money in his own possession nor retained control of it. He deposited it with an institution which he regarded as a bank. The word " bank " as used by the Law must be interpreted in a reasonable manner. (Voet, 18. 19, 4.) The business of the Board of Executors was the same as that of a bank.
The payment of cheques does not constitute an essential element of the operations of a bank.
What to read after Cases Decided in the High Court of the South African Republic During the Year 1893?
You can find similar books in the "Read Also" column, or choose other free books by Kotzé, J. G. (John Gilbert), 1849-1940 to read onlineMoreLess
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