Elements of the Law of PartnershipCallaghan, 1899 - 277 páginas |
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accounting Adam Smith agent agreed agreement applied arise authority Bank bind the firm capital carry claim commendam Conn consent continue contract contributed copartners corporation court of equity created deceased partner dissolution Edwin Arnold entitled Ewell's 2d exist expressly fact firm assets firm creditors firm debts firm name firm property funds held liable implied power individual creditors individual partner insolvent intention Iowa joint legal title lien Lindley on Partnership Lord Cranworth Mass ment Minn N. J. Eq N. W. Rep ners nership ness notice obligations Ohio St old firm Paige's Partn parties partnership affairs partnership assets partnership business partnership debts partnership property partnership transactions payment principal profits and losses purpose question relation Robert Burns rule sharing profits ship Smith special partner statute statute of frauds stipulation supra third persons tion tort trade unless usually
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Página 67 - to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessities, or even from ancient partialities or prejudices.
Página 204 - The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: a.
Página 222 - Do any other act which would make it impossible to carry on the ordinary business of the partnership...
Página 216 - Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled, (a) To a lien on, or right of retention of, the surplus of the partnership...
Página 211 - Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners...
Página 218 - The Acts mentioned in the schedule to this Act are hereby repealed to the extent mentioned in the third column of that schedule.
Página 203 - Partnership is the relation which subsists between persons carrying on a business in common with a view of profit.
Página 161 - Generally, the reasonableness of the notice will be a mixed question of law and fact, to be submitted to the jury under proper instructions of the court...
Página 206 - Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership, or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
Página 207 - ... property so received is misapplied by one or more of the partners while it is in the custody of the firm ; the firm is liable to make good the loss.