Cases on the Law of PartnershipCallaghan, 1905 - 1117 sider |
Innhold
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Vanlige uttrykk og setninger
action affirmed agent agreed agreement alleged amount appeal appellee applied assignment assumpsit authority Bank benefit bill bind carried charge cited claim common law complainant contract copartners corporation court of equity debtor deceased partner decree deed defendant dissolution dissolved doctrine effect entitled error estoppel evidence executed existence fact firm creditors firm name firm property fraud funds held individual creditors indorsed insolvent interest John joint judgment jury lease letters patent liable lien Lord Lord ELDON matter Mechem's Elem ment mortgage N. W. Rep nership NOTE.-See Mechem's notice old firm opinion paid parties Partn partnership business partnership creditors partnership debts partnership property payment plaintiff plaintiff in error principle profits promissory note purchase purpose question real estate received recover rule sell share Shawhan ship Smith sold statute statute of frauds Supreme Court surviving partner tion trade transaction trust Williams
Populære avsnitt
Side 52 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Side 1092 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Side 853 - ... every advantage — every positive advantage, if I may so express it, as contrasted with the negative advantage of the late partner not carrying on the business himself — that has been acquired by the old firm in carrying on its business, whether connected with the premises in which the business was previously carried on, or with the name of the late firm, or with any other matter carrying with it the benefit of the business.
Side 757 - This, no doubt, is in general a sufficiently accurate test; for a right to participate in profits affords cogent, often conclusive, evidence that the trade in which the profits have been made was carried on in part for or on behalf of the person setting up such a claim. But the real ground of the liability is that the trade has been carried on by persons acting on his behalf.
Side 1122 - The rules of the common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts of marine insurance.
Side 740 - 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.
Side 208 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Side 259 - The good-will which has been the subject of sale is nothing more than the probability that the old customers will resort to the old place.
Side 44 - In any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
Side 1121 - Subject to any agreement between the partners, the amount due from surviving or continuing partners to an outgoing partner or the representatives of a deceased partner in respect of the outgoing or deceased partner's share is a debt accruing at the date of the dissolution or death.