The Bankrupt Law of America; Compared with the Bankrupt Law of England

The Bankrupt Law of America; Compared with the Bankrupt Law of England

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1801 edition. Excerpt: ... 4-92. Of Lien from implied Contract. It is well stated by Ld. Mansfield, that where the nature of the dealings necessarily constitutes an account current, the balance alone is the debt. Upon this principle it has been repeatedly held, that a FACTOR has a lien on all the money, bills, or goods of his principal in his hands, for the general balance of his account. Snee-v. Prescot, 1 Atk. 245. Drinkwater 'o God-win, Cowp. 251. Godin-v. Landan As-surrzncc C0. 1 Burr. 4-93. Kruzer-0. Wilcox, and Gardner-v. Colman, ibid. citat. zinc 72. Waller, 2 Sir W. Bl. Rep. 1154. But if goods are sent to a factor for a particular purpose, he has no lien thereon for his general balance. 'lssalker-u. Bircb, 6 T. Rcp.:258, Bern-v. Pullcr, Infra. So has a policy broker, who collects money on insurance policies. Wbitebcad-v. Vaugban, Trjn. 25 Geo. III. B. R. Cookc, B. L 455. 587. Gro-ac-v. Dubais, 1 T Rep. 112. Bize T. Dicksonsl T. Rep. 285. And Banlzers, Da-vis-1.-. Bowsber, 5 T. Rep. 4-91. Bent-zz. Puller, 5 TI Rep. 494. A Pacleer, also has been considered as having a lien for a general balance; but I cannot see any suflicient foundation for this opinion. In ex. pte. Deeze, 1 A: k..228, wherein alone so far as I can find, the case received a judicial decifion, it turned, not on the nature of the business of apacleer, but on the extensive meaning of the words "mutual 'ci-edit," in the bankrupt law of 5 Geo. lI.X ch. 30, and the liberal constru6tion given to the clause of set off in zbat act. The Chancellor expressly declaring that unless for that ex prefiiou, the party would not have a lien for more than the amount of the work and labour bestowed in packing the goods, Indeed, six years afterwards in ex. pte. Ockenden, 1 lAtk. 237, the Chancellor...show more

Product details

  • Paperback | 74 pages
  • 189 x 246 x 4mm | 150g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236567196
  • 9781236567192