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Bankruptcy Law

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Full-Text Articles in Law

Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed. Dec 1947

Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed.

Michigan Law Review

Today, there is little left of the sixteenth century rule that a precedent debt is consideration sufficient to ground an action of assumpsit. Modern cases, such as those where a debt is barred by the Statute of Limitations or discharged in bankruptcy, where it is historically applicable, generally do not rest upon that theory. As a practical matter, it makes little difference. These cases achieve a just result, and have been confined to standard fact situations. The doctrine seems clearly at variance with the rule that consideration cannot be past, and serves no useful purpose today. Cases where this problem …


Cases On The Law Of Bankruptcy: Including The Law Of Fraudulent Conveyances, Evans Holbrook, Ralph W. Aigler Jan 1915

Cases On The Law Of Bankruptcy: Including The Law Of Fraudulent Conveyances, Evans Holbrook, Ralph W. Aigler

Books

This collection of cases is the result of several years' work in the class-room by both of the editors. It is obvious that there are difficulties in the teaching of a subject based entirely on a statute, especially in the years immediately following the adoption of the statute, when its provisions have not yet been passed on by the courts; now, however, a considerable body of authoritative judicial interpretation of the Bankruptcy Act of 1898 has grown up, and it is hoped that the cases contained in this volume will serve to show the effective structure that has been constructed …