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 100
Page 3
... unless coupled with all the other principles which , in the English system of jurisprudence , limited their application and supplied their defects . As we shall afterwards see , the English law never recognised the existence of even a ...
... unless coupled with all the other principles which , in the English system of jurisprudence , limited their application and supplied their defects . As we shall afterwards see , the English law never recognised the existence of even a ...
Page 19
... unless under Act of Parliament or Letters Patent ( d ) . 2. All partner- ( a ) Brown v . Duncan , 10 B. and C. 93. See also Smith v . Mawhood , 14 M. and W. 452 . ( b ) 5 Taunt . 181 ; 11 East 180 . ( c ) Candler v . Candler , Jac . 225 ...
... unless under Act of Parliament or Letters Patent ( d ) . 2. All partner- ( a ) Brown v . Duncan , 10 B. and C. 93. See also Smith v . Mawhood , 14 M. and W. 452 . ( b ) 5 Taunt . 181 ; 11 East 180 . ( c ) Candler v . Candler , Jac . 225 ...
Page 20
... unless they are under Act of Parliament or Letters Patent ( a ) . The consequences of non - registration in these two cases appear to be not merely illegality , but simple nullity . It is further provided , that all companies or ...
... unless they are under Act of Parliament or Letters Patent ( a ) . The consequences of non - registration in these two cases appear to be not merely illegality , but simple nullity . It is further provided , that all companies or ...
Page 25
... unless it can be shown that such acts were done under evident misconception of their import . This has been frequently decided in England ( a ) , and from analo- gous cases there can be no doubt that the law of Scotland is the same ( b ) ...
... unless it can be shown that such acts were done under evident misconception of their import . This has been frequently decided in England ( a ) , and from analo- gous cases there can be no doubt that the law of Scotland is the same ( b ) ...
Page 37
... unless they choose voluntarily to assume that character . So deeply rooted is this principle in the law , that it required a special statute to enable the Crown to erect corporations in which the members should individually incur ...
... unless they choose voluntarily to assume that character . So deeply rooted is this principle in the law , that it required a special statute to enable the Crown to erect corporations in which the members should individually incur ...
Contents
292 | |
306 | |
314 | |
326 | |
337 | |
344 | |
351 | |
377 | |
17 | |
23 | |
29 | |
40 | |
52 | |
86 | |
96 | |
98 | |
107 | |
109 | |
119 | |
125 | |
132 | |
157 | |
159 | |
168 | |
221 | |
265 | |
275 | |
284 | |
287 | |
381 | |
386 | |
396 | |
406 | |
416 | |
424 | |
444 | |
446 | |
458 | |
486 | |
492 | |
500 | |
519 | |
537 | |
554 | |
566 | |
583 | |
588 | |
595 | |
596 | |
602 | |
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...