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Full-Text Articles in Bankruptcy Law
The Myths Of Going Concern Valuations, Jack F. Williams
The Myths Of Going Concern Valuations, Jack F. Williams
Jack F. Williams
No abstract provided.
Equity - Election Of Remedies - Proof Of Claim In Receivership
Equity - Election Of Remedies - Proof Of Claim In Receivership
Michigan Law Review
Plaintiff sold certain chattels under a conditional sales agreement to a partnership which later went into receivership. The purchase price not having been paid, plaintiff filed a general claim with the receiver, which was allowed. Six months later, no dividend having been paid, plaintiff filed a petition to have the general claim withdrawn and a preferred one substituted, based on the title-retaining contract. The court held that by filing and allowance of the general claim plaintiff made a final election between inconsistent remedies which barred rescission and restitution of the specific property. The court held that the inexperience of plaintiff's …