A Treatise on the Law of Partnership and Joint-stock Companies: According to the Law of Scotland, Including Private Copartneries, Common Law Companies, Registered Companies, Chartered Companies, Railway Companies, and Others, Formed Under the Consolidation ActsT.& T. Clark, 1866 |
From inside the book
Results 1-5 of 81
Page 23
... transaction , is not in receipt of any of the profits in trust for the infant , and has not induced the company to receive the infant by fraudulent representations , or by holding out his own responsibility ( c ) . But , on the other ...
... transaction , is not in receipt of any of the profits in trust for the infant , and has not induced the company to receive the infant by fraudulent representations , or by holding out his own responsibility ( c ) . But , on the other ...
Page 24
... transaction ; for if the injury be of a trifling or doubtful kind , the remedy is excluded ( a ) . Fraud on the part of a minor deprives him of this relief - e.g . if he should obtain shares in a company by representing himself to be ...
... transaction ; for if the injury be of a trifling or doubtful kind , the remedy is excluded ( a ) . Fraud on the part of a minor deprives him of this relief - e.g . if he should obtain shares in a company by representing himself to be ...
Page 40
... transaction , the copartnery is sometimes called a joint adventure , and has been treated of by some writers as a separate contract . But after mature consideration , we have come to be of opinion that there is no good reason for ...
... transaction , the copartnery is sometimes called a joint adventure , and has been treated of by some writers as a separate contract . But after mature consideration , we have come to be of opinion that there is no good reason for ...
Page 47
... transaction , or the income of a business without deduc- tion of outlay , expenses , or liabilities ; profits or nett profits mean what remains after such deductions have been made . This distinc- tion is not at first very easily ...
... transaction , or the income of a business without deduc- tion of outlay , expenses , or liabilities ; profits or nett profits mean what remains after such deductions have been made . This distinc- tion is not at first very easily ...
Page 71
... transactions . It has accordingly very much fallen into disuse . In the case of railway companies Subscribers ' and other associations formed by special act , the procedure for formation now generally begins by an agreement , popularly ...
... transactions . It has accordingly very much fallen into disuse . In the case of railway companies Subscribers ' and other associations formed by special act , the procedure for formation now generally begins by an agreement , popularly ...
Contents
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Other editions - View all
A Treatise On the Law of Partnership and Joint-Stock Companies, According to ... Francis William Clark No preview available - 2023 |
A Treatise on the Law of Partnership and Joint-Stock Companies: According to ... Francis William Clark No preview available - 2015 |
Common terms and phrases
Act of Parliament action agency agents amount appear apply appointed articles of association authority Bank Beav Bell's bill bind the company bound calls capital Chancery charter claim common law companies common seal company property company's constitution contract copartners copartnery corporation Court Court of Session creditor declared deed directors dissolution East Lothian effect England English English law entitled Ersk evidence existing firm Glasgow held holder House of Lords implied incorporated incurred individual instrument of formation interest joint-stock companies lands law of Scotland Lindley Macq meeting memorandum of association notice obligations old firm ordinary pany partner partnership relation party payment person prescribed principle privileges profits provisions purchase purposes question regulations Reports resolution Ross royal charter rule Scottish shareholders special act statute statutory sued supra tion transaction transfer trustees ultra vires unincorporated unless Vict
Popular passages
Page 50 - It is often said that the test, or one of the tests, whether a person not ostensibly a partner, is nevertheless, in contemplation of law, a partner, is, whether he is entitled to participate in the profits. This, no doubt, is, in general, a sufficiently accurate test ; for a right to participate in profits affords cogent, often conclusive evidence, that the trade in which the profits have been made, was carried on in part for or on behalf of the person setting up such a claim.
Page 316 - ... notice in writing to the persons sought to be charged ; and upon such motion such court may order execution to issue accordingly ; and for the purpose of ascertaining the names of the shareholders, and the amount of capital remaining to be paid upon their respective shares, it shall be lawful for any person entitled to any such execution, at all reasonable times, to inspect the register of shareholders without fee.
Page 81 - No company, association, or partnership consisting of more than ten persons shall be formed for the purpose of carrying on the business of banking...
Page 87 - ... shall be deemed to be a company having a permanent paid-up or nominal capital of fixed amount, divided into shares, also of fixed amount, or held and transferable as stock, or divided and held partly in one way and partly in the other, and formed on the principle of having for its members the holders of shares in such capital, or the holders of such stock, and no other persons...
Page 98 - Every person who shall have subscribed the prescribed sum or upwards to the capital of the company, or shall otherwise have become entitled to a share in the company, and whose name shall have been entered on the register of shareholders hereinafter mentioned, shall be deemed a shareholder of the company.
Page 565 - Any notice, if served by post, shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post...
Page 316 - If any execution, either at law or in equity, shall have been issued against the property or effects of the company, and if there cannot be found sufficient whereon to levy such execution, then such execution may be issued against any of the shareholders to the extent of their shares respectively in the capital of the company not then paid up...
Page xvii - An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature ;' and ' An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the making of Railways.
Page 189 - Where a partnership is dissolved (even where it can be in a sense dissolved the instant after notice to dissolve is given, if there be no contract, to the contrary), it must still continue for the purpose of winding up its affairs, of taking and settling all its accounts, and converting all the property, means, and assets of the partnership, existing at the time of the dissolution, as beneficially as may be, for the benefit of all who were partners, according to their respective shares and interests;...
Page 320 - No past member shall be liable to contribute in respect of any debt or liability of the company contracted after the time at which he ceased to be a member.