 But it was never said that if I have a demand against A. and B., a creditor of B. shall compel me to go against A., without more, as if B. himself could insist that A. ought to pay in the first instance, as in the ordinary case of...  Cases on Restraint of Trade - Halaman 608oleh Bruce Wyman - 1903Tampilan utuh - Tentang buku ini
 | Joseph Story - 1839 - 658 halaman
...he). " If A. has a right to go upon two funds, and B. upon one, having both the same debtor, A. shall take payment from that fund, to which he can resort...a demand against A. and B., a creditor of B. shall compel me to go against A. without more; as if B. himself could insist that A. ought to pay in the... | |
 | John Collyer - 1840 - 1016 halaman
...generally, if A. has a right to go upon two funds, aud E. upon one, having both the same debtor, A. shall take payment from that fund to which he can resort...by those means of distribution, both may be paid; yet, where they have not the same debtor, B. can have no control over A. for this purpose. In the case,... | |
 | Francis Vesey, Great Britain. Court of Chancery - 1845 - 428 halaman
...length : if A. has a right logo upon two funds, and B. upon one, having both the same debtor, A. shall take payment from that fund, to which he can resort...those means of distribution both may be paid. That course takes place, where both are creditors of the same person ; and have demands against funds, the... | |
 | Georgia. Supreme Court - 1849 - 714 halaman
...A shall take payment from that fund to which he can resort exclusively, so that both may be paid ; but it was never said, that if I have a demand against A and B, that a creditor of B shall compel me to go against A, without more. If I have a demand against both,... | |
 | Robert Henley Eden Baron Henley - 1852 - 680 halaman
...debtor, A. shah1 take payment from that fand, to which he can resort exclusively, that, by those moans of distribution, both may be paid. That takes place,...never said, that, if I have a demand against A. and В., a creditor of B. shall compel me to go against A. without more ; as if B. himself could insist... | |
 | 1858 - 678 halaman
...Devaynes, and had no right to be paid out of his assets; in other words, that both classes should be creditors of the same person, and have demands against funds the property of the same person. In Clifton v. Burt (b), Cox, after reviewing all the cases on marshalling, says : — " It is to be... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1859 - 662 halaman
...: " If A. has a right to go upon two funds, and B. upon one, having both the same debtor, A. shall take payment from that fund to which he can resort...was never said that if I have a demand against A. & B., a creditor of B. shall compel me to go against A. without more, as if B. himself could insist... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 728 halaman
...demands a^iinst funds the property of the same person. " It was never said," observed Lord Eldon, " that, if I have a demand against A. and B., a creditor of B. shall compel me to go against A. without more, as if B. himself could insist that A. ought to pay in the... | |
 | 1861 - 628 halaman
...length ; if A has a right to go upon two funds, and B upon one, having both the • same debtor, A shall take payment from that fund to which he can resort...exclusively ; that, by those means of distribution, both shall be paid. That course takes place where both are creditors of the same person, and have demands... | |
 | Joseph Story - 1866 - 860 halaman
...: " If A. has a right to go upon two funds, and B. upon one, having both the same debtor, A. shall take payment from that fund, to which he can resort...a demand against A. and B., a creditor of B. shall compel me to go against A., without more ; as if B. himself could insist, that A. ought to pay, in... | |
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