The National Bankruptcy Register Reports Volume 3-4

The National Bankruptcy Register Reports Volume 3-4

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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. 1870 edition. Excerpt: ..."This case is an instance of the mischief arising from the practice 'of the assignees and the bankrupt acting by the same solicitor. The adverse duties resulting from those conflicting characters cannot be properly sustained by the same person." (Eu parle Vaughan, 14 Vesey, 514, ) It was said on the argument that no attorney of respectability would ever aid the bankrupt in concealing afraud. Every lawyer knows how, almost unconsciously, he ilentiflos his clieit with himself, and it is not necessary to assert that he would cover up a fraud knowingly; but he would be less apt than the opposing party to believe that his client had done a wrong. Besides, while an attorney would be as culpable as his client, or worse, ifhe assisted him in the pei-petration of a fraud, still this is a very different thing from defending the client for acts past. Ever)one has a right to make such defense and to have the aid of counsel. And to my mind the conduct of the attorney would be as praiseworthy in the latter case as unjustifiable in the latter. A document was introduced in evidence, signed by a majority in number and value of the creditors, as claimed by the petitioners. which is an agreement of the creditors with each other to give 20 per cent, of their dividends for the purpose of opposing I-he bank. rupt's discharge and recovering property asserted by them to have been fraudulently disposed of by the bankrupt. The assignee denies that this document is signed by a majority in number or value of the creditors. A committee of three is also named in the agreement to conduct the proceedings on the part of the creditors. Bosebury, who procured the signatures, says that he told those who signed that the first step would be an application for the...show more

Product details

  • Paperback | 494 pages
  • 189 x 246 x 25mm | 875g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236894243
  • 9781236894243