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
Page 38
... person of the corporation is a continuous identity : the composing units ... express mention . These appear to be : endurance in perpetual succession ; the power of acting ... authority , cannot be dissolved , like partnership , by the ...
... person of the corporation is a continuous identity : the composing units ... express mention . These appear to be : endurance in perpetual succession ; the power of acting ... authority , cannot be dissolved , like partnership , by the ...
Page 198
... Acts Francis William Clark. Agency is express or implied . Hence powers ... man appoint another his agent to represent him in some line of trade , all such ... authority from his principal ( b ) . This doctrine of agency forms part of ...
... Acts Francis William Clark. Agency is express or implied . Hence powers ... man appoint another his agent to represent him in some line of trade , all such ... authority from his principal ( b ) . This doctrine of agency forms part of ...
Page 247
... on whose individual credit he had contracted ( a ) . 3. If a partner contract avowedly on behalf of the firm , and it afterwards turns out that the firm is not liable , in respect that he had no authority , either express or implied , to ...
... on whose individual credit he had contracted ( a ) . 3. If a partner contract avowedly on behalf of the firm , and it afterwards turns out that the firm is not liable , in respect that he had no authority , either express or implied , to ...
Page 261
... Under the Consolidation Acts Francis William Clark. should afterwards fall ... any other facts and circumstances which lead a jury to this conclusion . 2. They ... agency , express or implied , and never when in the character of private ...
... Under the Consolidation Acts Francis William Clark. should afterwards fall ... any other facts and circumstances which lead a jury to this conclusion . 2. They ... agency , express or implied , and never when in the character of private ...
Page 317
... implied agency does not validate a draft , acceptance , or Bills and indorsation , made by one partner after dissolution so as to bind the others ; and it implies no authority ... person specially authorized to act for them ( e ) . When a ...
... implied agency does not validate a draft , acceptance , or Bills and indorsation , made by one partner after dissolution so as to bind the others ; and it implies no authority ... person specially authorized to act for them ( e ) . When a ...
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.