The Law of Debtor and Creditor in the United States and Canada: Adapted to the Wants of Merchants and Lawyers

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D. Appleton, 1848 - 508 páginas
 

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Página 132 - Every sale made by a vendor, of goods and chattels in his possession, or under his control...
Página 322 - The fourth section enacts that after the date there mentioned "no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Página 290 - ... upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 117 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Página 117 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Página 101 - ... would by law be entitled to retain the goods or the documents of title thereto, or any of them, by way of lien as against the owner, or...
Página 208 - The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law.
Página 153 - ... that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of the summons.
Página 140 - Every executor and administrator must proceed with diligence to pay the debts of the deceased according to the following order: 1. Debts entitled to a preference under the laws of the United States. 2. Taxes assessed on the property of the deceased previous to his death. 3. Judgments docketed, and decrees entered against the deceased according to the priority thereof respectively.
Página 369 - ... all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant their factors or servants, all actions of debt grounded upon any lending or contract without specialty...

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