A Practical Treatise on the Law of PartnershipCharles Hunter, 1825 - 428 páginas |
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Página iii
... HIS LORDSHIP'S PROFOUND AND LUMINOUS JUDGMENTS WILL EVER REMAIN STANDARDS OF ACCURATE DISCRIMINATION AND SOUND LEARNING , IS , WITH HIS PERMISSION , MOST RESPECTFULLY INSCRIBED . ADVERTISEMENT TO THE SECOND EDITION . THE reception which ...
... HIS LORDSHIP'S PROFOUND AND LUMINOUS JUDGMENTS WILL EVER REMAIN STANDARDS OF ACCURATE DISCRIMINATION AND SOUND LEARNING , IS , WITH HIS PERMISSION , MOST RESPECTFULLY INSCRIBED . ADVERTISEMENT TO THE SECOND EDITION . THE reception which ...
Página 22
... judgment of Lord Ch . J. Eyre in a celebrated case ( c ) , it seems that great judge , at one time , entertained a doubt upon this question ; but ( a ) Young v . Axtell . cited in Waugh v . Carver , 2 H. Bl . 212 . ( b ) Parkin 2 ...
... judgment of Lord Ch . J. Eyre in a celebrated case ( c ) , it seems that great judge , at one time , entertained a doubt upon this question ; but ( a ) Young v . Axtell . cited in Waugh v . Carver , 2 H. Bl . 212 . ( b ) Parkin 2 ...
Página 26
... judgment on a case which we have already had occasion frequently to notice ( d ) . " Now a case , " said that learned Judge , " may be stated , in which it is the clear sense of the parties to the contract , that they shall not be ...
... judgment on a case which we have already had occasion frequently to notice ( d ) . " Now a case , " said that learned Judge , " may be stated , in which it is the clear sense of the parties to the contract , that they shall not be ...
Página 36
... judgment , as in case of a præmunire , but only such part as , in their discretion , they should think fit ; and they adjudged the defendant to pay a fine of £ 5 , and to be imprisoned during the king's pleasure . ( a ) 9 East , 516 ...
... judgment , as in case of a præmunire , but only such part as , in their discretion , they should think fit ; and they adjudged the defendant to pay a fine of £ 5 , and to be imprisoned during the king's pleasure . ( a ) 9 East , 516 ...
Página 40
... judgment for the defendants . Subsequently to this , a case came before the Court of King's Bench , in which the same point was incidentally discussed . That ( a ) was an action on a bond given to the trea- surer of a building society ...
... judgment for the defendants . Subsequently to this , a case came before the Court of King's Bench , in which the same point was incidentally discussed . That ( a ) was an action on a bond given to the trea- surer of a building society ...
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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...