Commentaries on the Law of Partnership as a Branch of Commercial and Maritime Jurisprudence with Occasional Illustrations from the Civil and Foreign LawLittle, Brown,, 1881 - 730 páginas |
Termos e frases comuns
2d ed action agent agree agreement ante apply arise assets assignment authority Bank bankrupt bankruptcy Barb Beav Bell bill circumstances Coll Comm common law consent contract copartners court of equity Cramond death debtor deceased partner deemed dissolution dissolved distinction doctrine Domat Droit entitled fraud held Inst inter sese interest Johns joint creditors joint estate Justice Kent labor land liable lien Lind Lord Eldon Lord Ellenborough Lord Thurlow ment ners nership old firm owners Pand part-owners parties partnership debts partnership funds partnership property payment Penn plaintiff Poth Pothier principle profit and loss proportion purchase question real estate respect Roman law rule says separate creditors separate estate share ship Smith societas stipulation surviving partner tenants in common thereof third persons tion trade transaction Vinnius Wats
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Página 362 - I think it the duty of this court to adapt its practice and course of proceeding to the existing state of society, and not by too strict an adherence to forms and rules, established under different circumstances, to decline to administer justice, and to enforce rights, for which there is no other remedy.
Página 15 - In the civil law the husband and the wife are considered as two distinct persons, and may have separate estates, contracts, debts, and injuries: and therefore in our ecclesiastical courts, a woman may sue and be sued without her husband.
Página 315 - Solvitur adhuc societas etiam morte socii, quia qui societatem contrahit certam personam sibi eligit. sed et si consensu plurium societas coita sit, morte unius socii solvitur, etsi plures supersint, nisi si in coeunda societate 6 aliter convenerit.
Página 54 - Every man who has a share of the profits of a trade ought also to bear his share of the loss. And if any one takes part of the profit he takes a part of that fund on which the creditor of the trader relies for his payment.
Página 238 - ... discounted with a banker, through the medium of the same agent who procured the discount of other bills drawn in the partnership firm with the same banker; it was held that the latter has no remedy against the partnership, either upon the bills so drawn by the single...
Página 70 - It is clearly settled, though I regret it, that if a man stipulates that as the reward of his labor he shall have, not a specific interest in the business, but a given sum of money, even in proportion to a given quantum of the profits, that will not make him a partner; but if he agrees for a part of the profits as such, giving him a right to an account, though having no property in the capital, he is, as to third persons, a partner, and in a question with third persons no stipulation can protect...
Página 163 - Prcepositus negotiis sotietatis, and each partner, virtute officii, possesses an equal and general power and authority in behalf of the firm, to transfer, pledge, exchange, or apply or otherwise dispose of the partnership property and effects, for any and all purposes within the scope and objects of the partnership, and in the course of its trade and...
Página 494 - G5'2, decided in 1781, in an action on a joint and several note, brought against one of the makers, it was held that proof of payment, by one of the others, of interest on the note and...
Página 99 - Carver. Upon the authority of this latter case, and for the reasons already given, we think the direction of the learned judge at the trial, and the verdict of the jury, are right, and that the rule for a new trial ought to be discharged.
Página 582 - ... and of the separate estate of each member thereof; and after deducting out of the whole amount received by...