A Treatise on the Law of Partnership: Including Its Application to Companies, 1. köideCallaghan, 1881 |
From inside the book
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Page 33
... authority ( and by the law of England by the Crown or by par- liament ) , and endowed by that authority with a capacity to acquire rights and incur obligations , as a means to the end for the attainment of which the corporation is ...
... authority ( and by the law of England by the Crown or by par- liament ) , and endowed by that authority with a capacity to acquire rights and incur obligations , as a means to the end for the attainment of which the corporation is ...
Page 71
... authority for the proposition , that a person who shares profits is liable to third parties as if he were in fact a partner . The judgment itself appears to have been based upon a prior case of Bloxham v . Pell ( y ) , before Lord ...
... authority for the proposition , that a person who shares profits is liable to third parties as if he were in fact a partner . The judgment itself appears to have been based upon a prior case of Bloxham v . Pell ( y ) , before Lord ...
Page 94
... authority to do so . Express authority is not necessary ; authority to be in- ferred from his conduct is amply sufficient ( t ) ; and if a person has by signing prospectuses or allowing his name to be put to them ( u ) , or by being ...
... authority to do so . Express authority is not necessary ; authority to be in- ferred from his conduct is amply sufficient ( t ) ; and if a person has by signing prospectuses or allowing his name to be put to them ( u ) , or by being ...
Page 114
... authority there is upon the subject of co - ownership , if the decisions relating to ships and the winding - up of partnerships are excluded from consideration . The principles , however , upon which these decisions are based , may ...
... authority there is upon the subject of co - ownership , if the decisions relating to ships and the winding - up of partnerships are excluded from consideration . The principles , however , upon which these decisions are based , may ...
Page 139
... authority of this case , the Vice - Chancellor Wigram , in Dale v . Hamilton ( h ) , held that an agreement to Dale v . Ham- form a partnership for the purpose of buying and selling land might be proved by parol ; that it might then be ...
... authority of this case , the Vice - Chancellor Wigram , in Dale v . Hamilton ( h ) , held that an agreement to Dale v . Ham- form a partnership for the purpose of buying and selling land might be proved by parol ; that it might then be ...
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A Treatise on the Law of Partnership, Including Its Application to Companies Nathaniel Lindley,Samuel Dickinson No preview available - 2019 |
Common terms and phrases
accepted action admissible advances agent agreed agreement alleged allotment amount Appeal applied association authority Bank Beav become bill bind bound called capital carry charge co-partners common considered constitute continue contract corporation Court creditors debts deed defendant deposit directors dissolution dissolved divided effect entered entitled established evidence executed existence expenses fact firm formed given ground held hold illegal incorporated interest issue joint Jones land latter liable limited Lord loss ment Mining necessary nership notice object obtained owners paid pany parties partner partnership payment person plaintiff principle profits prove purchase question Rail Railway received referred relation render respect returns scrip sell shareholder shares ship signed Smith sold statute subscribers sufficient third tion transaction transfer unless Vict
Popular passages
Page 136 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 499 - Any contract which if made l>etween private persons would be by law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under the express or implied authority of the company...
Page 218 - 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 248 - January one thousand eight hundred and fifty-nine, no person shall be entitled to recover any Charge in any court of law for any medical or surgical advice, attendance, or for the performance of any operation, or for any medicine which he shall have both prescribed and supplied, unless he shall prove upon the trial that he is registered under this Act.
Page 33 - A partnership is a contract of two or more competent persons, to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, and to divide the...
Page 79 - In the event of any such trader as the aforesaid being adjudged a bankrupt, or taking the benefit of any act for the relief of insolvent debtors...
Page 79 - A person being the widow or child of a deceased partner, and receiving by way of annuity a portion of the profits made in the business in which the deceased person was a partner, is not, by reason only of such receipt, a partner in the business, or liable as such...
Page 604 - But there is a third rule, viz. that where one of several partners dies, and the partnership is in debt, and the surviving partners continue their dealings with a particular creditor, and the latter joins the transactions of the old and the new firm in one entire account, then the payments made from time to time by the surviving partners must be applied to the old debt.
Page 73 - It is clearly settled, though I regret it, that if a man stipulates, that, as the reward of his labour, he shall have, not a specific interest in the business, but a given sum of money, even in proportion to a given quantum of the profits, that will not make him a partner; but if he agrees for a part of the profits, as such, giving him a right to an account, though having no property in the capital, he is, as to third persons, a partner.
Page 333 - We may now take for granted that the dealings with these companies are not like dealings with other partnerships, and that the parties dealing with them are bound to read the statute and the deed of settlement. But they are not bound to do more. And the party here, on reading the deed of settlement, would find, not a prohibition from borrowing, but a permission to do so on certain conditions.