A Handbook of Bankers' Law

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Bell & Bradfute, 1876 - 206 pages

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Page 79 - A man goes to the bank and finds surety to the amount, we shall suppose, of a thousand pounds. This money, or any part of it, he has the liberty of drawing out whenever he pleases, and he pays only the ordinary interest for it while it is in his hands. He may, when he pleases, repay any sum so small as twenty pounds, and the interest is discounted from the Very day of the repayment.
Page 11 - ... be considered as a feme sole with respect to property of every description which she may acquire or which may come to or devolve upon her...
Page 12 - Scottish law courts, except § 16, which enacts that " when a married woman succeeds to property, or acquires right to it by donation, bequest, or any other means than by the exercise of her own industry, the husband or his creditors, or any other person claiming under or through him, shall not be entitled to claim the same as falling within the...
Page 83 - ... In such a case, there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably, it is the sum first paid in, that is first drawn out. It is the first item on the debit side of the account, that is discharged, or reduced, by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle, all accounts current...
Page 173 - Thirty days after sight of this first of exchange (second and third of the same tenor and date unpaid...
Page 28 - Digest of Cases decided in the Supreme Courts of Scotland, from 1800 to 1868 ; and, on appeal, by the House of Lords, from 1726 to 1868.
Page 83 - ... is the first item on the debit side of the account that is discharged, or reduced, by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle, all accounts current are settled, and particularly cash accounts. When there has been a continuation of dealings, in what way can it be ascertained whether the specific balance due on a given day has, or has not, been discharged, but by...
Page 137 - Oath taken by him before a Judge Ordinary, Magistrate, or Justice of the Peace to the Verity of the Debt claimed by him ; and he shall in such Oath state what other Persons (if any) are, besides the Bankrupt, liable for the Debt or any Part thereof, and specify any Security which he holds over the Estate of the Bankrupt or of other Obligants, and depone that he holds no other Obligants or Securities than those specified, and where he holds no other Person than the Bankrupt so bound, and no Security,...
Page 96 - ... such assignation in security has been granted, or of a term's interest thereof, or of a term's annuity, for six months after such capital sum or term's interest or annuity shall have fallen due, to apply to the sheriff for a warrant to enter on possession of the lands and heritages leased ; and the sheriff, after intimation to the lessee for the time being, and to the landlord, shall, if he see cause, grant such warrant...
Page 153 - ... notice shall have been given in the London Gazette, three-fourths in number and value of the creditors present or represented at such meeting may resolve that the estate ought to be wound up under a deed of arrangement, composition, or otherwise, and that an application shall be made to the Court to stay proceedings in the bankruptcy for such period as the Court shall think fit.

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