A Practical Treatise on the Law of PartnershipCharles Hunter, 1825 - 428 páginas |
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Página 9
... seems to have been ( a ) Glassington v . Thwaites , 1 Sim . and Stu . 133 . ( b ) Et quidem si nihil de partibus lucri et damni nominatim convenerit , æquales scilicet partes et in lucro et in damno spectantur . Quod si expressa fuerint ...
... seems to have been ( a ) Glassington v . Thwaites , 1 Sim . and Stu . 133 . ( b ) Et quidem si nihil de partibus lucri et damni nominatim convenerit , æquales scilicet partes et in lucro et in damno spectantur . Quod si expressa fuerint ...
Página 22
... seem to be perfectly in unison with the principle upon which every person having an actual and determinate interest in ... seems that great judge , at one time , entertained a doubt upon this question ; but ( a ) Young v . Axtell . cited ...
... seem to be perfectly in unison with the principle upon which every person having an actual and determinate interest in ... seems that great judge , at one time , entertained a doubt upon this question ; but ( a ) Young v . Axtell . cited ...
Página 24
... seems , prevent the effectual determination of the partner- ship , quoad third persons . Thus , where a father on retiring from business assigned all his share in the concern to his copartners upon trust for his infant children , in ...
... seems , prevent the effectual determination of the partner- ship , quoad third persons . Thus , where a father on retiring from business assigned all his share in the concern to his copartners upon trust for his infant children , in ...
Página 27
... seems to be suf- ficient ( b ) , notwithstanding that the creditor was originally ignorant of the introduction of the name ( c ) . In a late case ( d ) in which one person , for the pur- pose of counteracting a report that a partnership ...
... seems to be suf- ficient ( b ) , notwithstanding that the creditor was originally ignorant of the introduction of the name ( c ) . In a late case ( d ) in which one person , for the pur- pose of counteracting a report that a partnership ...
Página 28
... seems that those , who are excluded from participation , will not be re- sponsible , in the character of partners , to such claim- ants upon the firm as are apprized of the stipu- lation ( b ) . Where a contract is entered into by ...
... seems that those , who are excluded from participation , will not be re- sponsible , in the character of partners , to such claim- ants upon the firm as are apprized of the stipu- lation ( b ) . Where a contract is entered into by ...
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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...