A Practical Treatise on the Law of PartnershipCharles Hunter, 1825 - 428 páginas |
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Página 8
... court of equity will act in the case of a common partnership ) ap- plies with equal force to all companies or societies whose objects are , at the time of their institution , defined , and who are not purposely invested with a power of ...
... court of equity will act in the case of a common partnership ) ap- plies with equal force to all companies or societies whose objects are , at the time of their institution , defined , and who are not purposely invested with a power of ...
Página 27
... court of equity for an injunction to restrain the remaining partners from using the style of the old firm . And it has been decided that a man cannot be liable as a part- ner , where there has not either been a contract be- tween him ...
... court of equity for an injunction to restrain the remaining partners from using the style of the old firm . And it has been decided that a man cannot be liable as a part- ner , where there has not either been a contract be- tween him ...
Página 83
... court of equity , where a discovery by the defendant's answer upon oath may be obtained . It will therefore only be necessary briefly to advert to the nature of the action . By the common law , the action of account might be maintained ...
... court of equity , where a discovery by the defendant's answer upon oath may be obtained . It will therefore only be necessary briefly to advert to the nature of the action . By the common law , the action of account might be maintained ...
Página 106
... court of equity . Where , indeed , one partner has reason to complain of another concerning pecuniary transactions , the most advisable course to pursue is to file a bill pray- ing a discovery , and that the defendant may ac- count ...
... court of equity . Where , indeed , one partner has reason to complain of another concerning pecuniary transactions , the most advisable course to pursue is to file a bill pray- ing a discovery , and that the defendant may ac- count ...
Página 107
... equity that it would have been at law ; but , for this purpose , the mode of administering justice in courts of ... court of equity , by its modes of proceeding , is enabled to investigate more effectually long and in- tricate accounts ...
... equity that it would have been at law ; but , for this purpose , the mode of administering justice in courts of ... court of equity , by its modes of proceeding , is enabled to investigate more effectually long and in- tricate accounts ...
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Términos y frases comunes
act of bankruptcy act of parliament action afterwards agreement assignees assumpsit bank became bankrupt bill bond Campb claim contract copartner court of equity covenant debt due debtor deceased partner declared deed defendant discharge dissolution East effects entitled execution firm fund Glyn and James held Ibid individual partner interest joint commission joint creditors joint debts joint effects joint estate joint property jointly judgment liable Lord Chancellor Lord Eldon Lord Ellenborough Lord Mansfield Lord Thurlow Madd ment Meriv mutual credit ners nership old firm paid parties partnership debts payment plaintiff plea in abatement plead possession profits prove received respect retiring partner rule S. C. 1 Rose Selw separate commission separate creditors separate estate set-off share ship single partner Smith solvent partner Stark statute sued supra surviving partner Swanst Taunt third persons tion trade transaction
Pasajes populares
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 412 - To them. exemplify this, the plaintiff in his affidavit states, that after the Bill had been read a second time in the House of Commons, he had an interview with Mr.
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...
Página 357 - ... before the credit given to or the debt contracted by him ; and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively ; and every debt or demand hereby made...