A Treatise on the Law of Partnership: Including Its Application to Companies, 1. köideCallaghan, 1881 |
From inside the book
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Page 6
... existence , are liable as co - partners upon contracts made in the name adopted as its cor- porate name , although the parties deal- ing with the company believed it to be a corporation , and dealt with it as such ; and although the ...
... existence , are liable as co - partners upon contracts made in the name adopted as its cor- porate name , although the parties deal- ing with the company believed it to be a corporation , and dealt with it as such ; and although the ...
Page 8
... existence , and after much opposition have become legal . These are com- monly called coinpanies , or more accurately joint - stock companies . When joint - stock companies , i . e . , partnerships with a joint - stock divided into ...
... existence , and after much opposition have become legal . These are com- monly called coinpanies , or more accurately joint - stock companies . When joint - stock companies , i . e . , partnerships with a joint - stock divided into ...
Page 17
... existence of a partnership except a community of interest in profits resulting from an agreement to share them . But , although this is so , the usual characteristics of an ordinary partnership are a community of interest in profits and ...
... existence of a partnership except a community of interest in profits resulting from an agreement to share them . But , although this is so , the usual characteristics of an ordinary partnership are a community of interest in profits and ...
Page 30
... existence of a common stock is not essential to a partnership . * 19 * 2. - Partnership is prima facie the result of an agreement to share profits , although nothing may be said about losses and although there may be no common stock ...
... existence of a common stock is not essential to a partnership . * 19 * 2. - Partnership is prima facie the result of an agreement to share profits , although nothing may be said about losses and although there may be no common stock ...
Page 40
... existence. An agreement between W. and R. dated October 2 , 1865 , provided that W. should enter into and carry on for three years , from April 17 , 1865 , the business of manufacturing oils and candles , “ un- der the name , style and ...
... existence. An agreement between W. and R. dated October 2 , 1865 , provided that W. should enter into and carry on for three years , from April 17 , 1865 , the business of manufacturing oils and candles , “ un- der the name , style and ...
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Other editions - View all
A Treatise on the Law of Partnership, Including Its Application to Companies Nathaniel Lindley,Samuel Dickinson No preview available - 2019 |
Common terms and phrases
33 Vict act of Parliament action admissible agent agreed agreement alleged allotment applied assent authority Bank Bank of England Beav bill bind Bing Bubble act capital carry certificate charter co-owner co-partners co-partnership common law constitute corporation cost-book Court court of equity creditors debts defendant directors dissolution dissolved divided entered entitled equity evidence executed existence fact firm name formed fraud held holder illegal incorporated indorsed infra interest joint joint-stock companies Jones land letters patent liable Lord memorandum of association ment ners nership ness notice owner paid pany parties partner payment plaintiff primâ facie principle prove purchase purpose question Rail Railway received render scrip sell share profits shareholder ship signed Smith sold statute statute of frauds subscribers sued third persons tion transaction transfer trust Union Rail unless
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 3 - 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.