A Treatise On the Law of Bankruptcy And Insolvency
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272.
8 Shaw, 1 Glyn & J. 127. » Watts, 1 Deao. & Chit. 322.
* Mills, 2 Rose, 68 ; 3 Ves. & B. 189. >» Thorley, 3 Madd. 273 ; Buck, 231, 5 Steel, 1 Deac. & Chit. 489. 465.
«Shaw, 1 Glyn & J. 127. "Barstoww. Adams, 2Day,70; Kitchen ' Koberts, Buck, 465. w. Bartsch, 7 E. 53.
12 Cohen v. Gibbs, 1 Hill S. C. 206.
(a) Whether the assignee accepts the trust or not. 1 Hill, S. C. 206.
108 BANKRUPTCY AND INSOLVENCY. [OHAP. VI.
And nothing further than the bankrupt's own rights, unless in case of fraud} ...In other words, the assignees stand precisely in the situation of the bankrupt himself.^ It is said, "any one, who affirms that a particular thing does not pass by force of the stat- ute, must bring himself within its exceptions, or show conclu- sively aliunde, that it was the design of the makers of the law that the thing specified should not pass to the assignee."' And, in another case, referring to him as the representative of ered- itors, "the assignee, while for some purposes he represents the debtor and stands in his place, is clothed with much higher and more extensive rights in relation to the estate than the debtor himself possessed."* So, it is said, "in cases unaffected with fraud, the assignee generally, although perhaps not universally, succeeds to those rights and those rights only, which belong to the bankrupt.
What to read after A Treatise On the Law of Bankruptcy And Insolvency?
You can find similar books in the "Read Also" column, or choose other free books by Hilliard, Francis, 1806-1878 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
272.
8 Shaw, 1 Glyn & J. 127. » Watts, 1 Deao. & Chit. 322.
* Mills, 2 Rose, 68 ; 3 Ves. & B. 189. >» Thorley, 3 Madd. 273 ; Buck, 231, 5 Steel, 1 Deac. & Chit. 489. 465.
«Shaw, 1 Glyn & J. 127. "Barstoww. Adams, 2Day,70; Kitchen ' Koberts, Buck, 465. w. Bartsch, 7 E. 53.
12 Cohen v. Gibbs, 1 Hill S. C. 206.
(a) Whether the assignee accepts the trust or not. 1 Hill, S. C. 206.
108 BANKRUPTCY AND INSOLVENCY. [OHAP. VI.
And nothing further than the bankrupt's own rights, unless in case of fraud} ...In other words, the assignees stand precisely in the situation of the bankrupt himself.^ It is said, "any one, who affirms that a particular thing does not pass by force of the stat- ute, must bring himself within its exceptions, or show conclu- sively aliunde, that it was the design of the makers of the law that the thing specified should not pass to the assignee."' And, in another case, referring to him as the representative of ered- itors, "the assignee, while for some purposes he represents the debtor and stands in his place, is clothed with much higher and more extensive rights in relation to the estate than the debtor himself possessed."* So, it is said, "in cases unaffected with fraud, the assignee generally, although perhaps not universally, succeeds to those rights and those rights only, which belong to the bankrupt.
What to read after A Treatise On the Law of Bankruptcy And Insolvency?
You can find similar books in the "Read Also" column, or choose other free books by Hilliard, Francis, 1806-1878 to read onlineMoreLess
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