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Reports of Cases Decided in the Court of Common Pleas of Upper Canada (Volume 30)

Reports of Cases Decided in the Court of Common Pleas of Upper Canada (Volume 30)


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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. 1880. Excerpt: ... Lewis Et Al. V. Tudhope Et Al. Insolvency--Proof by surety without payment of debt--Deed of composition and discharge.--Proof of claim--Valuing security--Fraud. The plaintiffs were creditors of the defendants, insolvents, for f 10,800, and not having proved, T.. who was security for plaintiffs, without having paid the debt, proved therefor, fearing, as he alleged, that, if compelled to pay, he would have no recourse against the estate. Oue R., a surety for other creditors, in like manner proved. The proof of these claims was not contested, and a deed of composition and discharge was entered into, which was executed by T. and R., it being admitted that without computing one or the other of these claims there were not creditors to three-fourths in value executing; and on the production to the Judge o f the assignee's certificate of there being the proper number and value of creditors executing, the deed was confirmed. The composition was to be paid by instalments, for which the insolvents were to give their promissory notes, and it was provided, in accordance with a stipulation to that effect by the creditors, that the three last payments to the creditors, except T., were to be secured by the assignment of the dividends on the notes to be given to T., and such notes were accordingly assigned by him as such security, and the proceeds thereof applied in meeting a deficiency in such payments. After the deed had been confirmed and the estate handed back to the insolvents, the plaintiffs sent in proof of their claim, valuing their security, which the assignee refused to accept, because the estate had passed out of his hands, and he referred plaintiffs to the insolvents, but nothing further was done. The plaintiffs sued defendants on the common counts for the who...


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Product Details
  • ISBN-13: 9781153845144
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 230
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1153845148
  • Publisher Date: 04 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 417 gr


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