Cases on the Law of Partnership: Including Limited Partnerships, Selected from Decisions of English and American CourtsWest Publishing Company, 1908 - 638 pagini |
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Cases on the Law of Partnership: Including Limited Partnerships, Selected ... Eugene Allen Gilmore Vizualizare completă - 1908 |
Termeni și expresii frecvente
action affirmed agreed agreement alleged amount appears appellee applied assets assignment assumpsit authority bank bill bind capital carried charge claim complainant contract copartners Court of Chancery court of equity dealing debtor deceased partner decree deed defendant demurrer dissolution dissolved doctrine effect entitled evidence execution existence fact fendant firm name firm property fraud funds given held individual indorsed insolvent interest joint creditors judgment jury land levy liability lien Lord Lord Eldon loss ment mortgage nership notice old firm opinion paid parties Partn partnership accounts partnership business partnership debts partnership property payment plaintiff in error principle profits promissory note purchase purpose question real estate reason received recover rule sell separate creditors settled settlement share ship Smith sold statute statute of frauds Supreme Court surety surviving partner tenants in common tiff tion trade transaction trial trust verdict
Pasaje populare
Pagina 461 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Pagina 77 - partnership" as "an association of two or more persons for the purpose of carrying on business together and dividing its profits between them...
Pagina 433 - The points already considered being sufficient to dispose of the case, we do not deem it necessary to go into the other question discussed as to whether a parol partnership, in respect to purchasing and selling real estate, or an agreement between copartners to give each other the option of engaging in such purchases, would come within the operation of the statute of frauds. We are clearly of opinion, upon the whole case, that the decree should be Reversed, and the cause remanded to the court below...
Pagina 611 - And by section 10 it is provided that every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership...
Pagina 373 - Whether this power to change the common-law rule, and permit any specific and separate appropriation of the waters of a stream, belongs also to the legislature of a territory, we do not deem it necessary, for the purposes of this case, to inquire. We concede arguendo that it does.
Pagina 345 - Generally, the reasonableness of the notice will be a mixed question of law and fact, to be submitted to the jury under proper instructions of the court...
Pagina 285 - Such judgment shall be conclusive evidence of the liability of the defendant who was personally served with process in the suit, or who appeared therein ; but against every other defendant, it shall be evidence only of the extent of the plaintiff's demand, after the liability of such defendant shall have been established by other evidence.
Pagina 144 - Can one of two partners possess himself of the property of the firm, and be permitted to retain it, if he can show that in realizing it some provision in some act of parliament has been violated or neglected ? * * * The answer to this, as to the former case, will be that the transaction alleged to be illegal is completed and closed, and will not be in any manner affected by what the court is asked to do between the parties.
Pagina 21 - A. is to contribute neither labor nor money, and, to go still further, not to receive any profits. But if he will lend his name as a partner, he becomes, as against all the rest of the world, a partner, not upon the ground of the real transaction between them, but upon principles of general policy, to prevent the frauds to which creditors would be liable, if they were to suppose that they lent their money upon the apparent credit of three or four persons, when in fact they lent it only to two of...
Pagina 617 - ... if any false statement be made In such certificate or affidavit, all the persons interested in such partnership, shall be liable for all the engagements thereof, as general partners.