The Nova Scotia Reports ...: Containing Reports of Cases Argued ..., volume 17
The Nova Scotia Reports ...: Containing Reports of Cases Argued ..., volume 17
Nova Scotia. Supreme Court
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In that case the counsel for defendant expressly admitted as follows: "At law it is conceded that goods which the bankrupt acquired after executing the bill of sale would not pass to the defend- ant. But in Equity the rule is different." At this time and for fifteen years after, the law was per- fectly settled in accordance with this admission, but in 1880 occurred the case of Lazarus v. Andrade, 43 L. T., N. S., 30, C. P. Division, when Lopes, L. J., in giving judgment, made the following inac...curate statement of the law : — " The principle deducible from these decisions, {Holvoyd v. Marshall, etc.,) is, that property to be after acquired, if described so as to be identified, may be, not only in Equity but at laiv, the subject matter of a valid assignment for value. The contract must be one which a Court of Equity would specifically enforce." Had the matter rested here we would indeed have been puzzled how to reconcile this decision with all the previous history of the law on the subject.
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