ISBN: 9780217986168

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustra… More...

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1837. Excerpt: ... this sum of 91,000/. was left in the new firm. There is 1835. no evidence that there was any part of G. Ross''s estate E7ti left in the new firm, as a consideration for their taking Sandham. upon themselves the debts of the old firm. The only consideration that could be pleaded, as it appears to me, for a promise by Ogilvie to pay this debt due from Ross and Gray would be, the discharge of G. Ross from his liability to those deficiencies by which the Crown had then become injured to that extent. It is said there is the consideration of continuing the business. But I do not think that seems to be any consideration. It seems to have been on the ground of their continuing the agents of the regiments. They do not appear ever to have contemplated that the continuance should be to those persons, upon the ground that they should take the debts of the former agents; on the contrary, they do not appear to have known whether the former partnership was indebted to them or not; and there is no ground, as it appears to me, for supposing that the continuation of the agency by Ross and Ogilvie formed any part of the consideration for the assumption of this debt upon them; and if that question was left to a jury, I think they would say, that that formed no part of any consideration; therefore, I should say, there would be no consideration for that contract, if it were proved. But I confess I have great difficulty in gleaning from all the circumstances of this case, prior to the year 1804, any evidence of a contract between the government and Ross and Ogilvie, that Ross and Ogilvie should take upon themselves this original debt which was due from Ross and Gray. The subsequent conduct of the parties may justify us in allowing the claim to be entered, in order to see whethe... Edward Erastus Deacon, Books, History, Reports Of Cases In Bankruptcy (volume 4); Argued And Determined In The Court Of Review, And On Appeal Before The Lord Chancellor Books>History The book may have numerous typos or missing text. It is not illustrated or indexed. However, purchasers can download a free scanned copy of the original rare book from the publisher's website. You can also preview the book there.Purchasers are also entitled to a trial membership in the publisher's book club where they can select from more than a million books for free.Volume: 4 Original Publisher: Saunders and Benning Publication date: 1837Subjects: Bankruptcy; Law reports, digests, etc; History / General; Law / Bankruptcy<