Hill
Jurisdiction | England & Wales |
Judgment Date | 01 January 1724 |
Date | 01 January 1724 |
Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 593
IN THE COURT OF KING'S BENCH
combehbach, 484. anno 9 will. iii. in b. r. 593 hill. 97. A trader leaving off bankrupt for debts contracted while a trader. If a trader within the statute against bankrupts contracts debts, and after leaves of his trade, he is still subject to a commission of bankruptcy for those debts that were so contracted, but not for those which were contracted afterwards. And if a man, whilst a trader, owes a debt of 1001. to A. and leaving of his trade, borrows another 1001. of the same person, and then pays him one of the hundred pounds, not mentioning whether it be in satisfaction of the former debt or the latter, yet it shall be apply'd to the former, so that the creditors shall never charge him with a commisson of bankruptcy for that which remains. These points resolved per Holt Ch. J. A man contracts to pay 1001. upon the day of his marriage, this needs not be put in writing, not being within the intent of the Statute of Frauds, the words whereof are, that every contract not to be performed within one year after the making...
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Anonymous (1795) 1 Salk 280
...a year (o). (a) R. ace. That a promise to pay on marriage is not within the statute case cited per Holt, 1 Ld. Raym. 316. Vide ac. Anon. Comb. 463. So in Fenton v. Emblers, 3 Bur. 1278. 1 Bl. 353, it was ruled that a promise to leave money by will was not within the statute, and the Court a......
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Smartle ex Dimiss. Newport v Williams
...a year (o). (a) R. ace. That a promise to pay on marriage is not within the statute case cited per Holt, 1 Ld. Raym. 316. Vide ac. Anon. Comb. 463. So in Fenton v. Emblers, 3 Bur. 1278. 1 Bl. 353, it was ruled that a promise to leave money by will was not within the statute, and the Court a......
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Doe on The Demise of Raikes and Others v Anderson
...Bloss v. Cutting, cited Str. 1195 ; Buller'sN. P 174; Meggottv. Mills, i Lord Ray. 286, Anon. Cro Ehz. 68; Bois v. Cranfield, Style, 239 ; Comb 463 , 16 Vm Ab. M , Hall v Wood & Ux 14 East, 243, in the note , Dowe v Holdsworth, Peake's N P C. 64 ; RatnmersUy v. Knowlys, 2 Esp. R. 666. In th......
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Dawe and Others v Holdsworth and Others
...the commission, may be an affidavit for money lent. Bryant v Withers, 2 M. and S 123 (a) Meggott, Assignee, &c v Mills, 1 Lord Raymd 286 , Comb 463, S C. ace. In Peters v. Anderson, 5 Taunt 601, (libbs C J referring to this case of Dawe v Holds-wortft, observed, " that the bond was not give......