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 |
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Page lix
... Interest in Lands , etc. , payable by Public Companies . Institutes of Justinian . Irish Law and Equity Reports . Irish Law and Equity Reports , New Series . Ivory's Erskine's Institutes . Ivory's Forms of Process . Jacob and Walker's ...
... Interest in Lands , etc. , payable by Public Companies . Institutes of Justinian . Irish Law and Equity Reports . Irish Law and Equity Reports , New Series . Ivory's Erskine's Institutes . Ivory's Forms of Process . Jacob and Walker's ...
Page 18
... interest . in respect that its regulations tended to cramp trade , and make the members independent of their ... interests of the public might be sacrificed , has been found illegal , and action upon it refused ( c ) . Illegality must ...
... interest . in respect that its regulations tended to cramp trade , and make the members independent of their ... interests of the public might be sacrificed , has been found illegal , and action upon it refused ( c ) . Illegality must ...
Page 46
... interest in the profits and losses , and in the capital of the concern , and also a community of right to share in the management . Cases , however ( as we shall afterwards see ) , are of continual occurrence , in which all of those ...
... interest in the profits and losses , and in the capital of the concern , and also a community of right to share in the management . Cases , however ( as we shall afterwards see ) , are of continual occurrence , in which all of those ...
Page 47
... interest which agents , servants , etc. , have in a partnership can be distinguished from that of the partners themselves , and whereby the contract itself can be distinguished from others of an analogous or kindred nature . The rule ...
... interest which agents , servants , etc. , have in a partnership can be distinguished from that of the partners themselves , and whereby the contract itself can be distinguished from others of an analogous or kindred nature . The rule ...
Page 63
... interest and behoof they had been framed ( c ) . When , again , the party interested in the observance of the Waiver . stipulated conditions or formalities has waived them per expressum or by implication , or in other words , where such ...
... interest and behoof they had been framed ( c ) . When , again , the party interested in the observance of the Waiver . stipulated conditions or formalities has waived them per expressum or by implication , or in other words , where such ...
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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 agent amount appear apply appointed articles of association authority Bank Beav Bell's bill bind the company bound Bubble Act calls capital Chancery charter claim common law companies common seal company debts company's consequence constitution contract copartners copartnery corporation Court Court of Session creditor deed directors dissolution effect England English English law entitled Ersk evidence existing formed granted held House of Lords implied incorporated incurred individual inter socios joint-stock company lands law of Scotland letters patent limited liability Lindley Macq meeting notice obligations obtained old firm ordinary pany partner partnership relation party payment person prescribed principle privileges provisions purchase purposes question registered regulations Reports royal charter rule rule in Clayton's Scottish share profits shareholders special act statute statutory sued supra tion transaction transfer trustees unincorporated unless Vict
Popular passages
Page 55 - 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 321 - ... 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 86 - 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 92 - ... 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 55 - It is not strictly correct to say that his right to share in the profits makes him liable to the debts of the trade. The correct mode of stating the proposition is to say that the same thing which entitles him to the one makes him liable to the other, namely, the fact that the trade has been carried on...
Page 103 - 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 570 - 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 321 - 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 xxii - 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 194 - ... 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 ; and the other partners cannot say to him, tc whom they have given an offer of his deposit and interest...