The Institute Examinations a Revised Reprint of a Paper Read Before the Members
The Institute Examinations a Revised Reprint of a Paper Read Before the Members
Roger Neale Carter
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Chap. II. An important chapter, and should be learned well. Inter alia note Cook v. Vogeler, where it was held that where a foreigner trading here executes a deed abroad it is not an act of bankruptcy ; but (Delaney v. Merry) such a deed is good against an execution creditor. Where one partner is an infant the bankruptcy notice must issue against the partner " other than the infant. " Chap. III. Another important chapter, containing v. The duties of the Sheriff, vii. When the Court will go behi...nd a judgment (a) If there is fraud. (b) If it would be inequitable for receiving order to be made. (c) If the judgment is under appeal. viii. The case of Re Crook, as to when a notice of a meeting of crdeitors is an act of bankruptcy. Chap. V. The student must learn this chaptei well. In particular : The "commencement" of the bankruptcy (Sec. 43). Property not divisible; property divisible and excep- tions. The case of Re Eastgate, where, goods having been obtained without any intention of -paying for them, and the landlord having allowed the seller to enter and remove them (after an act of bankruptcy), the seller was held entitled to retain them.
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