Handbook On the Law of Partnership Including Limited Partnerships
Handbook On the Law of Partnership Including Limited Partnerships
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§ 44, (III), in enumerating the bankrupt's property available for payment of debts, includes the following-: "All goods being, at the commencement of the bankruptcy, in the possession, order, or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, imder such circumstances that he is the reputed owner thereof; provided that things in action other than debts due or growing due to the bankrupt in the course of his trade or business, shall not be d...eemed goods within the meaning of this section. " 98 Ilowland v. Crankshaw, 1 Ch. 41 ; Ex parte Hayman, 8 Ch. Div. 77 ; In re Watson & Co. (1004) 2 Ch. 753 ; Shannon v. Mason, [1S99] 2 Q. B. 679. /?ce "Partnership;' Dec. Dig. (Key No. ) §§ 1S5-1S9; Cent. Dig. §S 5J7-S//8. 84 Rowland v. Crankshaw, 1 Ch. 41. See "Partnership, " Dec. Dig. {Key No. ) §§ 1S5-1S9; Cent. Dig. §§ SS7-S. }S. 436 REMEDIES OF CREDITORS (Cll. 7 ground than any other. Thus, it was said by Thesiger, L. J. , in Ex parte Hayman : °^ "If the consequence that the stock in trade is to be held to be joint property, where there is an os- tensible partnership, is merely an offshoot of the doctrine of reputed ownership, then I can well understand that in such a case the rights of the separate creditors should be barred, and that they should not be entitled to prove in competition with the joint creditors.
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To quickly assess the difficulty of the text, read a short excerpt:
§ 44, (III), in enumerating the bankrupt's property available for payment of debts, includes the following-: "All goods being, at the commencement of the bankruptcy, in the possession, order, or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, imder such circumstances that he is the reputed owner thereof; provided that things in action other than debts due or growing due to the bankrupt in the course of his trade or business, shall not be d...eemed goods within the meaning of this section. " 98 Ilowland v. Crankshaw, 1 Ch. 41 ; Ex parte Hayman, 8 Ch. Div. 77 ; In re Watson & Co. (1004) 2 Ch. 753 ; Shannon v. Mason, [1S99] 2 Q. B. 679. /?ce "Partnership;' Dec. Dig. (Key No. ) §§ 1S5-1S9; Cent. Dig. §S 5J7-S//8. 84 Rowland v. Crankshaw, 1 Ch. 41. See "Partnership, " Dec. Dig. {Key No. ) §§ 1S5-1S9; Cent. Dig. §§ SS7-S. }S. 436 REMEDIES OF CREDITORS (Cll. 7 ground than any other. Thus, it was said by Thesiger, L. J. , in Ex parte Hayman : °^ "If the consequence that the stock in trade is to be held to be joint property, where there is an os- tensible partnership, is merely an offshoot of the doctrine of reputed ownership, then I can well understand that in such a case the rights of the separate creditors should be barred, and that they should not be entitled to prove in competition with the joint creditors.
What to read after Handbook On the Law of Partnership Including Limited Partnerships?
You can find similar books in the "Read Also" column, or choose other free books by Eugene Allen Gilmore to read onlineMoreLess
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