Court : US Supreme Court
Decided on : Jan-03-1893
..... had an interest with him in another ranch, or rather cattle, worth $180,000, the title to which stood in the name of lytle & co., a partnership. page 147 u. s. 68 the frio ranch cost lytle and mcdaniel $66,000, and was deeded to the san antonio ranch company, a corporation with a ..... of the state of new york holding these bonds to be invalid must be respected by this court not only because it passed upon the validity of acts done in alleged pursuance of a statute, but because in a collateral proceeding of this kind, its binding effect could only be avoided by showing a ..... injure or affect the town, and also by presenting to them an undertaking of the company to indemnify and save them harmless from the consequences of their act. it was further alleged that the stock of the company received in exchange for these bonds was of no value, that the company had ceased to ..... and to take proof as to the number of taxpayers joining in the petition, and the amount of taxable property represented by the petitioners. in pursuance of this act, in december, 1870, petitions of certain taxpayers of the town of lansing were presented to the county judge of tompkins county, who caused the proper notice ..... by the town of lansing, and dismissing a cross-bill filed by lytle to compel the payment of the overdue coupons attached to such bonds. by an act of the legislature of new york, passed in 1869, it was provided that whenever a majority of the taxpayers of any municipal corporation, owning or representing .....Tag this Judgment!
Court : Chennai
Decided on : Apr-07-1893
Reported in : (1893)ILR16Mad499
..... mr. hinde in the sum of 800 together with interest thereon, and that these two sums had been invested or otherwise employed in the indian business of the partnership. with reference to this debt, the deed of dissolution bearing date 1st january 1886 provided, inter alia, for the execution by ferguson, if ..... bond fide, and a transfer takes place in pursuance of that demand, that takes it out of the case of voluntary transfer contemplated by the insolvent act. again, in butcher v. stead. 7 eng., and ir. app., 849 lord hatherley says, 'i think the legislature intended to say that if ..... deed of dissolution (exhibit xii, dated 1st january 1886) provided for the execution of a mortgage if required, and no act of bankruptcy had then been committed nor was bankruptcy then in contemplation as probable. further, the extracts from ferguson's letters marked xvi show that ..... because it rebuts the presumption of an intention on the part of the debtor to act in fraud of the bankruptcy law, which provides for the equal distribution of his assets among all his creditors. in the case before us the ..... though an appeal was pending from the decision. another contention on appellants' behalf is that the execution of the mortgage of january 1889 was an act of fraudulent preference. in order to constitute such preference, the disposition must be voluntary and not one made under pressure. pressure legalizes the disposition, .....Tag this Judgment!
Court : Kolkata
Decided on : May-23-1893
Reported in : (1893)ILR20Cal771
..... case and is no doubt now very rare. yet the great authority still sometimes entrusted to moonib gomastas, and the great difficulties attending the law of partnership in india with which the legislature has hitherto found itself unable to grapple, must be taken into account, in my opinion, in considering this decision in ..... may be, whether by process of law or by other lawful pressure on their behalf, as for instance in the case (not one arising under the indian act) of beginning to keep house 'generally if a trader seclude himself in his house to avoid the fair importunity of his creditors who are thus deprived ..... year from that date.9. there is no doubt that dhunput singh was a trader within the meaning of section 9 of the indian insolvent act, under the provision of which the order of adjudication was made. the provision of that section, under which he has been held to have ..... of this advantage, such as it is, so far defeat or delay them.19. it may be, as suggested during the argument, that such acts were made acts of bankruptcy or of insolvency by the legislature for the reason that they would only be committed by persons in insolvent circumstances; that they were for ..... of this case. assuming that the case of hurruck chand golicha could be supported, having regard either to special considerations affecting the class of persons whose acts were there under consideration, or because it has been followed in other cases, and ought not now to be disturbed, does this case fall within it25 .....Tag this Judgment!
Court : Chennai
Decided on : Oct-05-1893
Reported in : (1894)4MLJ31
..... given, nor is there evidence on the record of such a character as would amount to a novation of the contract such as is contemplated by section 62 of the indian contract act. it is contended for the 2nd plaintiff that after the assignment to him the defendants accepted payment from him for salt delivered as is shown by entries in the ..... sell and deliver lead ore from time to time at the smelting works of a firm of partners, that the ore was to become upon delivery the property of the partnership and that it was to be paid for after a subsequent assay of the ore and ascertainment of the price. the question was whether the ..... partnership might assign the contract as to future deliveries and it was determined in the negative. the court stated that every one has a right to select and determine with whom .....Tag this Judgment!