 | 1838 - 534 страница
...ways at the same time. Where the statute provided that the " claiming " a debt under the commission should be deemed an election by the creditor to take the benefit of the commission in respect of that délit, it did not mean merely the demanding of the debt, but a specific sum must... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 страница
...proceedings, without relinquishing such action; and the proving or claiming a debt under a commission shall be deemed an election by the creditor to take the benefit of the commission with respect to the debt proved or claimed. Now, in (a) 9 Dov>l. PC 495. >) pended by the act of ttte party, (b) A right of... | |
 | New York (State). Court of Chancery, Oliver Lorenzo Barbour - 1848 - 726 страница
..."section of that statute declared that the proving of a debt under a commission against the bankrupt, should be deemed an election by the creditor to take the benefit of such commission with respect to the debt so proved. But the statute made no provision for vesting in... | |
 | Edward Erastus Deacon - 1848 - 1026 страница
...authority in writing1 for his discharge. The proving, or claiming, a. debt under the fiat, is also deemed an election by the creditor, to take the benefit of the fiat with respect to the debt so proved, or claimed. And this is not limited to an election as between... | |
 | Joseph Chitty - 1855 - 1120 страница
...relinquishing the action or suit ; and the proving or claiming such debt under the bankruptcy, shall be deemed an election by the creditor to take the benefit of the fiat or petition, with respect to the debt so proved or claimed ; but this election is not binding,... | |
 | John Scott, Great Britain. Court of Common Pleas - 1857 - 534 страница
...bankrupt act, 12 A 13 Viet . c. 106, which enacts that the proving or claiming a debt under a fiat shall be deemed an election by the creditor to take the benefit of such fiat, — that provision being mercly a re-enactment of tbe 59th section of the 6 G. 4, c. 18.... | |
 | Leone Levi - 1863 - 664 страница
...unredeemed. Interest upon debts overdue may also be proved; and in all such cases the proving of debts is deemed an . election by the creditor to take the benefit of the bankruptcy or insolvency in preference to proceeding by action. The Court may expunge proof of any... | |
 | Great Britain. Courts - 1869 - 1144 страница
...proceedings, without relinquishing such action ; and (he proving or claiming a debt under a commission shall be deemed an election by the creditor to take the benefit of the commission with respect to the debt proved or *6241 c ' a ' llliet '' Now, in *this case, the creditors have not only brought an •* action... | |
 | Great Britain. Courts - 1869 - 776 страница
...demurrer. The 49 G. 3, c. 121, a. 14, enacts, that the proving of a debt shall be deemed an election, to take the benefit of the commission, with respect to the debt so proved. Now the debt proved in this case, was a debt of 47J. upon one bill of exchange, and this action is... | |
 | William A. Shinn - 1876 - 624 страница
...the debt as a full bar to an action upon it. The English bankrupt acts, 49 Geo. III., 121, Section 14, provided that it should not be lawful for a creditor...judgment rendered for the defendant. (Read v. Sowerby, B Maule & Selw., 78.) Afterwards the same question came before the King's Bench again upon a similar... | |
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... shall be deemed an election by the creditor to take the benefit of the commission with respect to the debt proved or claimed. 
