The Company and Commercial Laws of the Transvaal: With Explanatory Notes and IndexManfred Nathan |
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Page 17
... tion . If a mortgage bond is attacked on the ground that it constitutes an undue preference , regard must be had to the circumstances and to the time when it was agreed to give a mortgage ( Liquidators Republican Loan Co. vs. Natal Bank ...
... tion . If a mortgage bond is attacked on the ground that it constitutes an undue preference , regard must be had to the circumstances and to the time when it was agreed to give a mortgage ( Liquidators Republican Loan Co. vs. Natal Bank ...
Page 18
... tion , the Court will ordinarily refuse to set aside the transaction ( Smith's Trustees vs. Smith , F. 106 ) . An intended husband and wife , before marriage , entered into a sale of land valued at £ 400 , the wife taking over a ...
... tion , the Court will ordinarily refuse to set aside the transaction ( Smith's Trustees vs. Smith , F. 106 ) . An intended husband and wife , before marriage , entered into a sale of land valued at £ 400 , the wife taking over a ...
Page 20
... tion " when the challenged bond was given ( Pocock's Trustees vs. Harris's Executors , B. 1869 , p . 153 ) . 66 The delivery of assets by a debtor in difficulties and unable to meet his liabilities , shortly before the sequestration of ...
... tion " when the challenged bond was given ( Pocock's Trustees vs. Harris's Executors , B. 1869 , p . 153 ) . 66 The delivery of assets by a debtor in difficulties and unable to meet his liabilities , shortly before the sequestration of ...
Page 21
... tion , and at a time when he was hopelessly insolvent , he handed certain carts to his creditor , to be sold by him . The proceeds were to be devoted to the debt . The proceeds of the carts were considerably in excess of the value of ...
... tion , and at a time when he was hopelessly insolvent , he handed certain carts to his creditor , to be sold by him . The proceeds were to be devoted to the debt . The proceeds of the carts were considerably in excess of the value of ...
Page 28
... tion of such estate has been confirmed , and in consequence of the proof of such debt any alteration in such plan of distribution or in any further proceedings in the sequestration shall be rendered necessary , the creditor proving such ...
... tion of such estate has been confirmed , and in consequence of the proof of such debt any alteration in such plan of distribution or in any further proceedings in the sequestration shall be rendered necessary , the creditor proving such ...
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Common terms and phrases
acceptance acceptor action aforesaid amendment amount application appointed articles of association Attorney-General authorised bank banker behalf bill of exchange Cape Colony certificate cheque claim Class Colony Commissioner complete specification copy debt declaration deemed default delivered dishonoured drawee drawer duly stamped election endorser entitled execution Field Cornet fraudulently give notice given granted hereby High Court holder imprisonment insolvent estate instrument invention issue Landdrost Letters Patent liable licence liquidation manner Market Master meeting of creditors ment months obtained Ordinance paid party patent agent Patent Office payable payment period not exceeding person plan of distribution prescribed Pretoria proceedings promissory note proprietor proved provisional purpose reasonable reference refuse Registrar of Deeds rehabilitation respect South African Republic Staatscourant stamp duty thereof thereto tion trade description Trade Marks Branch Transvaal trustee undue preference unless Volksraad
Popular passages
Page 283 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 220 - Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment.
Page 249 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Page 215 - Bearer" means the person in possession of a bill or note which is payable to bearer. "Bill" means bill of exchange, and "note" means negotiable promissory note.
Page 221 - The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money.
Page 171 - If any person makes or causes to be made a false entry in any register kept under this act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanor.
Page 222 - An acceptance to pay at a particular place is a general acceptance unless it expressly states that the bill is to be paid there only and not elsewhere.
Page 242 - Where a bill of exchange has been protested for dishonor by nonacceptance, or protested for better security, and is not overdue, any person not being a party already liable thereon may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon, or for the honor of the person for whose account the bill is drawn.
Page 238 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence.
Page 229 - Where the bill is drawn payable elsewhere than at the residence or place of business of the drawee.