A Practical Treatise on the Law of PartnershipCharles Hunter, 1825 - 428 páginas |
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Página 99
... tort , for which both have been sued , and , a joint judgment being obtained against them , the entire damages have been levied against one individually . Thus in a case ( a ) in which a sum of money had been recovered against two ...
... tort , for which both have been sued , and , a joint judgment being obtained against them , the entire damages have been levied against one individually . Thus in a case ( a ) in which a sum of money had been recovered against two ...
Página 103
... tort which , as between partners , can , as it is said , result from the relation they have contracted , is the action of trover to recover damages for the destruc- tion of the joint property . But it may be doubted whether even such an ...
... tort which , as between partners , can , as it is said , result from the relation they have contracted , is the action of trover to recover damages for the destruc- tion of the joint property . But it may be doubted whether even such an ...
Página 130
... tort for an injury to joint property . What- ever remedy is afforded to a private person for an invasion or infraction of the rights of property , the same remedy is available to persons who have con- tracted the relation of partners ...
... tort for an injury to joint property . What- ever remedy is afforded to a private person for an invasion or infraction of the rights of property , the same remedy is available to persons who have con- tracted the relation of partners ...
Página 131
... torts , they can seldom be sustained jointly by persons who are united to- gether as partners . Injuries of this ... tort , may jointly affect partners , if ( as by a false representation of their solvency ) it have relation to the ...
... torts , they can seldom be sustained jointly by persons who are united to- gether as partners . Injuries of this ... tort , may jointly affect partners , if ( as by a false representation of their solvency ) it have relation to the ...
Página 145
... tort ; although , as will be seen hereafter , it is less rigidly enforced . It is laid down , as clearly established law , that for an injury to the joint property , all the partners ought to join ( b ) ; but , if too many persons be ...
... tort ; although , as will be seen hereafter , it is less rigidly enforced . It is laid down , as clearly established law , that for an injury to the joint property , all the partners ought to join ( b ) ; but , if too many persons be ...
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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...