Commentaries on the Law of Partnership: As a Branch of Commercial and Maritime Jurisprudence, with Occasional Illustrations from the Civil and Foreign LawLittle, Brown, 1846 - 720 páginas |
Otras ediciones - Ver todas
Términos y frases comunes
2d edit 4th edit Abbott on Shipp Adolp adventure agent agree agreement apply arise assignment authority bankrupt bankruptcy Barn Bell bill bind circumstances Collyer on Partn Comm common law concern consent contract copartners Courts of Equity Cramond Crawshay Cresw debtor deemed dissolution dissolved distinction doctrine Domat Droit entitled firm fraud funds Gow on Partn held Ibid Inst inter sese interest John joint account joint creditors joint estate Jurisp Justice Kent labor Lect liable Lord Eldon Lord Ellenborough Lord Thurlow Mees ment nership obligations opinion owners Pand parties partnership effects partnership property partowners payment plaintiff Pothier principle profit and loss proportion question quod respect Roman law rule says separate creditors separate estate share ship societatem Societé stipulation Story on Eq Swanst thereof third persons tion trade transaction Vinnius voyage Watson on Partn whole
Pasajes populares
Página 330 - I think it the duty of this court to adapt its practice and course of proceeding to the existing state of society, and not by too strict an adherence to forms and rules, established under different circumstances. to decline to administer justice and to enforce rights for which there is no other remedy.
Página 202 - ... discounted with a banker, through the medium of the same agent who procured the discount of other bills drawn in the partnership firm with the same banker; it was held that the latter has no remedy against the partnership, either upon the bills so drawn by the single...
Página 52 - Every man who has a share of the profits of a trade ought also to bear his share of the loss.
Página 193 - In all contracts concerning negotiable paper, the act of one partner binds all, and even though he signs his individual name, provided it appears on the face of the paper to be on partnership account, and to be intended to have a joint operation.
Página 464 - Whiting. By that decision, where, however there was an express acknowledgment, by an actual payment of a part of the debt by one of the parties, I am bound. But that case was full of hardship ; for this inconvenience may follow from it Suppose a person liable jointly with thirty or forty others, to a debt, he may have actually paid it...
Página 97 - Carver. Upon the authority of this latter case, and for the reasons already given, we think the direction of the learned judge at the trial, and the verdict of the jury, are right, and that the rule for a new trial ought to be discharged.
Página 177 - ... disability to contract or maintain a suit, that where the husband was never within the commonwealth, or has gone beyond its jurisdiction, has wholly renounced his marital rights and duties, and deserted his wife, she may make and take contracts, and sue and be sued in her own name, as a feme sole. It is an application of an old rule of the common law, which took away the disability of coverture when the husband was exiled or had abjured the realm.
Página 176 - Nihil tam naturale est, quam eo genere quidque dissolvere, quo colligatum est...
Página 189 - In many cases * of partnership and differ- [* 545] ent private concerns it is frequently necessary for the salvation of the partnership, that the private demand of one partner should be satisfied at the moment; for the ruin of one partner would spread to the others; who would rather let him liberate himself by dealing with the firm. The nature of the subsequent transactions therefore must be looked to, as well as that at the time.
Página 248 - A tort committed by one partner will not bind the partnership or the other copartner, unless it be either authorized or adopted by the firm, or be within the proper scope and business of the partnership.