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" ... arrangement which is a partnership in fact, it is of no importance that they call it something else, or that they even expressly declare that they are not to be partners. The law must declare what is the legal import of their agreements, and names... "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Página 194
de Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hoyt Post, Henry Allen Chaney, Hovey K. Clarke, William Dudley Fuller, John Adams Brooks, James M. Reasoner, Marquis B. Eaton, Richard W. Cooper, Herschel Bouton Lazell - 1882
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Handbook on the Law of Partnerships: Including Limited Partnerships

Eugene Allen Gilmore - 1911 - 762 páginas
..."Partnership," Dec. Dig. (Key No.) §§ 17, 18, 20-22, 29; Cent. Dig. §§ 1, S, 4, 6-8, 30-3S, 38. trap to the unwary.' Kent, CJ, in Post v. Kimberly, 9 Johns. (NY) 470, 504." 1e PARTNERSHIP BY OPERATION OF LAW— PARTNERSHIP AS TO THIRD PARTIES 4. While true...
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Cyclopedia of Law ...

Charles Erehart Chadman - 1912 - 676 páginas
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...the unwary:" KENT, CJ, in Post v. Kimberly, 9 Johns. (NY) 470, 504. We have then a case in which the party it is sought to charge has not held himself out,...
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A Treatise on the Law of Agency: Including Not Only a Discussion ..., Volume 1

Floyd Russell Mechem - 1914 - 1376 páginas
...that relation when they clearly did not intend it. "Every doubtful case," it has been well said,82 "must be solved in favor of their intent ; otherwise...partnership so far as to render it a trap to the unwary.' " § 52. Agency differs from lease. — So agency may be distinguished from lease. As in the preceding...
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The Modern Law of Partnership: Including a Full Consideration of ..., Volume 1

Scott Rowley - 1916 - 966 páginas
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must be solved in favor of their intent." In Boreing v. Wilson,87 it was said : "After all, the intention of the parties is the controlling element....
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Elements of the Law of Partnership

Floyd Russell Mechem - 1920 - 552 páginas
...Nevertheless, courts are reluctant to "surprise parties into a partnership." As is said in one case,6 "Every doubtful case must be solved in favor of their...partnership so far as to render it a trap to the unwary.' " As has already been pointed out, greater effect may be given to the intention of the parties where...
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The Law in Business Problems: Cases and Other Materials for the Study of ...

Lincoln Frederick Schaub, Nathan Isaacs - 1921 - 872 páginas
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must be solved in favor of their intent ; otherwise AVC should "carry the doctrine of constructive partnership so far as to render it a trap to the unwary."...
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Cases on the Law of Partnership and Other Unincorporated Business Associations

Judson Adams Crane - 1923 - 1002 páginas
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. 'But every doubtful case...their intent otherwise we should carry the doctrine of the constructive partnership so far as to render it a trap to the unwary' Kent, CJ, in Post v. Kimberly,...
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Cases on the Law of Partnership

Floyd Russell Mechem - 1924 - 1092 páginas
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...partnership so far as to render it a trap to the unwary.' " And again, at page 200, 45 Mich., and page 789, 7 NW Rep., it is said: "In so far as the notion ever...
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The Pacific Reporter, Volume 228

1924 - 1220 páginas
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...partnership so far as to render it a trap to the unwary.' Kpnt, CJ, in Post v. Kimberly, 9 Johns. 470, 504." "This intention to form a partnership mny be expressed...
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Cases on Partnership and Other Unincorporated Associations

Scott Rowley - 1927 - 800 páginas
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...the unwary." KENT, CJ, in Post v. Kimberly, 9 Johns. (NY) 470, 504. We have then a case in which the party it is sought to charge has not held himself out,...
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