The Law Times Volume 106

The Law Times Volume 106

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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. 1899 edition. Excerpt: ... consideration in the latter case was that, whether these companies he deemed to be politic or no, the requirements of the statute had been met. Here the Court of Appeal aims a blow at the very root of the case, holding that it. was in its inception within the mischief of the Bankruptcy Act. They therefore upset the view arrived at by Mr. Justice Wright, who considered the difliculties were too great to enable him to set aside the sale by the debtor to the company. The Court of Appeal, however, have now set it aside, theiliquidator being ordered to pay over to the trustee in hank ruptcy the small assets saved from the wreck. Tun case of the Percy Supper Club v. Why/te, heard by the Divisional Court (Justices Lawrance and Chanuell) on the 27th ult., turned on the question of what evidence must be given to support the presumption that a letter had been duly posted. At the trial evidence was given by the plaintiff that a letter inclosing the notice of assignment of the club premises had been written and placed in the basket, which, in the ordinary course of business, would be cleared for the post by the ofiice boy, who had entered the letter in the posting-book kept for that purpose. The plaintifl admitted that the boy had left his service some time back and that he did not know-what had become of him. For thedefcudant, who denied receiving the letter, it was contended that this evidence of posting was insufficient. Iu Helherington v. Kemp (4 Campbell's Rep. 193) it was held not to be sufiicient primli. facie evidence of a letter being sent by post that it had been written by a merchant in his counting-house and put down upon a table for the purpose of being carried from thence to the post-ofiice by a porter whose duty it was to see to...show more

Product details

  • Paperback | 1074 pages
  • 189 x 246 x 54mm | 1,873g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236870646
  • 9781236870643