... 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 194de 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 - 1882Visualização completa - Sobre este livro
| 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... | |
| 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,... | |
| 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... | |
| 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.... | |
| 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... | |
| 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."... | |
| 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,... | |
| 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... | |
| 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... | |
| 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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