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The students' guide to the law and practice under the Bankruptcy Act, 1883; with an introductory chapter showing the changes effected in the law and practice by the new act - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ... W. B. 575). (131.) A trustee appointed the bankrupt to carry when on the bankrupt's business for the benefit of the entitled to creditors; the bankrupt contracted a fresh debt with goods as a person ignorant of the circumstances under which " he was trading; the new creditor obtained judgment When not. and seized goods of the bankrupt, acquired by means of the profits of such trading. Will the creditor be entitled to the goods as against the trustee? Would the case be different if an undischarged bankrupt carried on business without the knowledge of the trustee? The creditor having dealt with the bankrupt in ignorance of his new position, will be entitled to the goods as against the trustee (Englebach v. Nixon, L. E. 10 C. P. 645; 44 L. J. C. P. 396; 32 L. T. 831; Ex parte Robertson, re Magnus, L. E. 8 Ch. 962; 29 L. T. 124; 21 W. E. 875). But it would seem that the case would be different if an undischarged bankrupt carried on business without the knowledge of tbe trustee (Ex parte Ford, re Caughey, L. B. 1 Ch. D. 521; 45 L. J. Bank. 19, 96; 34 L. T. 634; 24 W. E. 590; Meggy v. Imperial Discount Co., L. E. 3 Q. B. D. 711; 47 L. J. Q. B. 119; 48 L. J. Q. B. 54; 38 L. T. 309; 26 W. E. 342). (132.) A bankrupt had, before adjudication, con-Contract to tracted to sell certain leaseholds to a purchaser, and sell leasehad received a deposit; the purchaser had no notice of any act of bankruptcy. After the adjudication had been made, but before it had been advertised, the purchaser having no notice of the adjudication, paid the remainder of his purchase-money to the bankrupt. Can the purchaser compel the trustee to assign the lease to him? The purchaser cannot compel the trustee to assign the lease to him exoept upon the terms Contract lo purchase goods on cr...
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