Grants Treatise On the Law Relating to Bankers And Banking Companies With An a

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Grants Treatise On the Law Relating to Bankers And Banking Companies With An a
Grant James
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SET-OFF. 539 expenses of and incident to such dividends shall be fairly apportioned hy the trustee between the joint and separate properties, regard being had to the work done for and the benefit received by each property. " Double. Proof. — By sect. 37, " If any bankrupt is at the Proof in date of the order of adjudication liable in respect of dis- distinct *con- tinet (/i) contracts as member of two or more distinct firms, tracts. Or as a sole contractor, and also as member of a firm, the cir
...cmnstance that such firms are in whole or in part composed of the same individuals, or that the sole con- tractor is also one of the joint contractors, shall not prevent proof in respect of such contracts, against the properties respectively liable upon such contracts " (/).
Set-off'. — 39. " Where there have been mutual credits, Set-off. Mutual debts, or other mutual dealings between the bankrupt and any other person proving or claiming to prove a debt under his banki'uptcy, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any smn due from the other party, and the balance of such account, and no more, shall be claimed or paid on either side respectively ; but a person shall not be entitled under this section to claim the benefit of any set-off against the property of a bankrupt in any case where he had at the time of giving credit to the bankrupt notice of an act of bankruptcy committed by such bankrupt and available against him for adjudication" {m).


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