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Commentaries on the Law of Partnership: As a Branch of Commercial and ...
Vista de fragmentos - 1859
Commentaries on the Law of Partnership, As a Branch of Commercial and ...
John Chipman Gray,Joseph Story
Sin vista previa disponible - 2015
2d edit 4th edit action agreed agreement appears apply arise assignment authority Bank bankruptcy Barn Bell benefit bill bind bound carried circumstances Collyer on Partn Comm common concern consent consideration considered continue contract course Court Court of Equity creditor dealing death debt deemed defendant dissolution dissolved distinction doctrine effects enter entitled equally execution existence express fact firm funds give given Gow on Partn ground held intended interest Johns joint Justice Kent Lect liable limited Lord loss matter nature nership notice obligations opinion original Pand particular parties partner partnership payment plaintiff Pothier principle profits purchase question reason receive respect rule says seems separate share ship Societé stipulation Story taken thereof third persons tion trade transaction unless whole
Página 16 - In the civil law the husband and the wife are considered as two distinct persons, and may have separate estates, contracts, debts, and injuries: and therefore in our ecclesiastical courts, a woman may sue and be sued without her husband.
Página 174 - In all contracts concerning negotiable paper, the act of one partner binds all ; and even though he signs his individual name, provided it appears on the face of the paper to be on partnership account, and to be intended to have a joint operation.
Página 7 - Commentaries on the Law of Promissory Notes, and Guaranties of Notes and Checks on Banks and. Bankers, with Occasional Illustrations from the Commercial Law of the Nations of Continental Europe.
Página 631 - The general rule now is that when all the partners are in bankruptcy the separate estate of one partner shall not claim against the joint estate of the partnership in competition with the joint creditors, nor the joint estate against the separate estate in competition with the separate creditors, In re Lloyd, 22 Fed.
Página 240 - Lye (6), where one of two partners drew bills of exchange in his own name, which he procured to be discounted with a banker, through the medium of the same agent who procured the discount of other bills drawn in the partnership firm with the same banker; it was held that the latter has no remedy against the partnership, either upon the bills so drawn by the single...
Página 75 - ... 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 r*~4,; 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; and, in a question with third persons, no stipulation can protect him from loss.
Página 515 - ... existing, and to distribute the remaining funds. Even this right may be qualified and restrained by the express delegation of the whole authority to one of the partners. The question is not, however, as to the authority of a partner after the dissolution to adjust an admitted and subsisting debt, we mean, admitted by the whole partnership or unbarred by the statute » but whether he can, by his sole act, after the action is barred by lapse of time, revive it against all the partners without any...
Página 103 - Carver. Upon the authority of this latter case, and for the reasons already given, we think the direction of the learned judge at the trial, and the verdict of the jury, are right, and that the rule for a new trial ought to be discharged.
Página 143 - I think they may generally be considered as establishing these two principles. First, That such real estate is in equity chargeable with the debts of the co-partnership, and with any balance that may be due from one co-partner to another, upon the winding up of the affairs of the firm.