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abatement action afterwards agreed agreement allowed amount appear applied arise assignees authority bank bankrupt bankruptcy become bill bind bond brought claim commission common concern consequently considered continue contract court court of equity covenant creditor death debt debtor deed defendant demand determined discharge dissolution East effects enforced engaged entered entitled evidence execution existence express fact firm founded fund give given held individual instance interest issue joined joint joint creditors joint property jointly judgment latter liable Lord nature notice objection obtained operation paid particular parties partner partnership payment persons plaintiff plea plead possession principle profits prove purchase received recover release remaining remedy respect responsibility Rose rule seems separate share ship Smith Stark statute subsequent sufficient suit supra taken third tion tort trade transaction unless whole
Página 15 - Smith, he who takes a moiety of all the profits indefinitely shall, by operation of law, be made liable to losses, if losses arise, upon the principle that, by taking a part of the profits, he takes from the creditors a part of that fund which is the proper security to them for the payment of their debts.
Página 393 - ... which he shall not by his last will have charged with or devised subject to the payment of his debts, the same shall be assets to be administered in courts of equity for the payment of the just debts of such persons, as well debts due on simple contract as on specialty...
Página 202 - now acknowledged that where a personal action is once suspended by the voluntary act of the party entitled to it, it is forever gone and discharged.
Página 225 - By the law of England, the creditor of any one partner may take in execution that partner's interest in all the tangible property of the partnership, and' will thereby become a tenant in common with the other partners.
Página 47 - ... is part of the laws of this realm, for the advancement and continuance of commerce and trade, which is pro bono publico; for the rule is, that jus accrescendi inter mercatores pro beneficio commercii locum non habet.
Página 8 - The company will indemnify the plaintiff against loss by its transactions already had, or hereafter to be had, not for the specified purposes of the institution. But the right of a partner is to hold to the specified purposes his partners whilst the partnership continues, and not to rest upon indemnities with respect to what he has not contracted to engage in.
Página 357 - That where there has been mutual Credit given by the Bankrupt and any other Person, or where there are mutual Debts between the Bankrupt and any other Person, the Court shall state the Account between them, and one Debt or Demand may be set against another...
Página 261 - ... each other to make up that deficiency, according to their proportions. But while they remain solvent, and the partnership is going on, the creditor has no equity against the effects of the partnership. He may bring an action against the partners, and get judgment; and may execute his judgment against the effects of the partnership. But when he has got them into his hands...