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 Acts |
From inside the book
Page 38
The ideal being constituting the person of the corporation is a continuous identity : the composing units vanish ... an Act of Parliament the Crown appears incapable of fixing a term of duration in the incorporating charter ( a ) .
The ideal being constituting the person of the corporation is a continuous identity : the composing units vanish ... an Act of Parliament the Crown appears incapable of fixing a term of duration in the incorporating charter ( a ) .
Page 55
More recently , the liability of persons not partners , or not Agency . proved to be partners , to be made responsible for ... been referred to the doctrine of agency , express or implied , rather than to that of sharing profits .
More recently , the liability of persons not partners , or not Agency . proved to be partners , to be made responsible for ... been referred to the doctrine of agency , express or implied , rather than to that of sharing profits .
Page 186
To enable this fictitious person to attain the ends of its creation , it must necessarily be endued with the attributes of willing and acting within the sphere of its ... are in accordance with its volition , express or implied .
To enable this fictitious person to attain the ends of its creation , it must necessarily be endued with the attributes of willing and acting within the sphere of its ... are in accordance with its volition , express or implied .
Page 198
Agency is ' express or implied . ... If a man appoint another his agent to represent him in some line of trade , all such powers as are necessary to carry on the business in the ... Code Civil , Act 1859 ; Pothier , de Société , No.
Agency is ' express or implied . ... If a man appoint another his agent to represent him in some line of trade , all such powers as are necessary to carry on the business in the ... Code Civil , Act 1859 ; Pothier , de Société , No.
Page 246
Application contract be made with a man on his own credit , he cannot escape from personal liability , by showing that ... and the public , and when it is borne in mind that in partnership agency is more frequently implied than express ...
Application contract be made with a man on his own credit , he cannot escape from personal liability , by showing that ... and the public , and when it is borne in mind that in partnership agency is more frequently implied than express ...
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Contents
| xxx | |
| xlviii | |
| lxi | |
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| 7 | |
| 13 | |
| 17 | |
| 23 | |
| 292 | |
| 306 | |
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| 351 | |
| 377 | |
| 29 | |
| 40 | |
| 52 | |
| 61 | |
| 103 | |
| 107 | |
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| 132 | |
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| 519 | |
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| 554 | |
| 566 | |
| 583 | |
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| 602 | |
Other editions - View all
A Treatise on the Law of Partnership and Joint-Stock Companies: According to ... Francis William Clark No preview available - 2015 |
A Treatise on the Law of Partnership and Joint-Stock Companies, According to ... Francis William Clark No preview available - 2015 |
Common terms and phrases
accepted action agency agents agreement amount appear apply appointed association authority Bank Beav become Bell's bill bind bound calls capital carried charter claim common company's concern consequence constitution contained contract contribution corporations Court creditor debts directors effect England English entered entitled evidence existing fact firm formed give given granted held hold implied important incorporated incurred individual interest kind lands letters liability limited Lord manner matter meeting necessary notice obligations observed obtained ordinary otherwise paid pany partner partnership party payment person possession practice principle proceedings profits proper provisions purchase question railway reason received reference regards regulations relation Reports respect rule Scotland shareholders shares special act sued taken tion transaction transfer trustees 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...
Bibliographic information
| Pealkiri | 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 Acts 1. köide of 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 Acts, Francis William Clark |
| Autor | Francis William Clark |
| Publisher | T.& T. Clark, 1866 |
| Original from | the University of Michigan |
| Digitized | 25 aug. 2006 |
| Export Citation | BiBTeX EndNote RefMan |