2013, ISBN: 1230007059

[EAN: 9781230007052], Neubuch, [PU: Rarebooksclub.com, United States], Brand New Book ***** Print on Demand *****. This historic book may have numerous typos and missing text. Purchasers … More...

[EAN: 9781230007052], Neubuch, [PU: Rarebooksclub.com, United States], Brand New Book ***** Print on Demand *****. This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: .extends to every question in the proceedings that was legally cognizable: Nernst Lamp Co. v. Hill, 243 Pa. 448. Matters which follow by necessary and inevitable inferences from the judgment, findings or determinations of the court in relation to the subject-matter of the suit which are necessarily implied from its final decision, as being determinations which it must have made in order to justify the judgment as rendered are equally covered by the estoppel as if they were specifically found in so many words: 23 Cyc. 1306; Bell v. Allegheny Co., 184 Pa. 296; Donoghy s Est., 152 Pa. 92; Dorris v. Erwin, 101 Pa. 239. The appellee cites two cases, Utah Assn., Etc., v. Boyle Furniture Co., 39 Utah 518, and Buder v. Columbia Distilling Co., 96 Mo. App. 558. In both of them the trustee 338, (1916). Opinion of the Court. allowed claim to be filed without objection. It was held in a subsequent suit to recover an alleged preference that the allowance of the claim was not res adjudicata of the fact that there had been no preference for the reason that the question as to whether or not there was a preference had not been presented for the consideration of the referee, whereas in the case at bar it was directly in issue in the determination of the claim for $250 presented by the defendant Ives. , Under Section 60a of the Bankruptcy Act the trustee, in an action to recover an alleged preference must establish (1) the insolvency of the bankrupt, (2) the transfer of the property within four months of bankruptcy with intent to prefer, (3) that the transfer gives the creditor a greater percentage of his debt than the rest of the creditors of the same class and (4) that the creditor had reasonable cause to believe that the debtor was.<

2013, ISBN: 1230007059

[EAN: 9781230007052], Neubuch, [PU: Rarebooksclub.com, United States], Brand New Book ***** Print on Demand *****.This historic book may have numerous typos and missing text. Purchasers c… More...

[EAN: 9781230007052], Neubuch, [PU: Rarebooksclub.com, United States], Brand New Book ***** Print on Demand *****.This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: .extends to every question in the proceedings that was legally cognizable: Nernst Lamp Co. v. Hill, 243 Pa. 448. Matters which follow by necessary and inevitable inferences from the judgment, findings or determinations of the court in relation to the subject-matter of the suit which are necessarily implied from its final decision, as being determinations which it must have made in order to justify the judgment as rendered are equally covered by the estoppel as if they were specifically found in so many words: 23 Cyc. 1306; Bell v. Allegheny Co., 184 Pa. 296; Donoghy s Est., 152 Pa. 92; Dorris v. Erwin, 101 Pa. 239. The appellee cites two cases, Utah Assn., Etc., v. Boyle Furniture Co., 39 Utah 518, and Buder v. Columbia Distilling Co., 96 Mo. App. 558. In both of them the trustee 338, (1916). Opinion of the Court. allowed claim to be filed without objection. It was held in a subsequent suit to recover an alleged preference that the allowance of the claim was not res adjudicata of the fact that there had been no preference for the reason that the question as to whether or not there was a preference had not been presented for the consideration of the referee, whereas in the case at bar it was directly in issue in the determination of the claim for $250 presented by the defendant Ives. , Under Section 60a of the Bankruptcy Act the trustee, in an action to recover an alleged preference must establish (1) the insolvency of the bankrupt, (2) the transfer of the property within four months of bankruptcy with intent to prefer, (3) that the transfer gives the creditor a greater percentage of his debt than the rest of the creditors of the same class and (4) that the creditor had reasonable cause to believe that the debtor was.<

ISBN: 9781230007052

Anonymous, Paperback, English-language edition, Pub by General Books LLC Books Pennsylvania-Superior-Court-reports-Volume-64~~Anonymous General Books LLC