Commentaries on the Law of Partnership: As a Branch of Commercial and Maritime Jurisprudence, with Occasional Illustrations from the Civil and Foreign Law

Little, Brown, 1859 - 754 páginas

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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 56 - Every man who has a share of the profits of a trade ought also to bear his share of the loss.
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.

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