Elements of the Law of Partnership

Callaghan, 1896 - 277 sider

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Side 69 - to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessities, or even from ancient partialities or prejudices.
Side 228 - Do any other act which would make it impossible to carry on the ordinary business of the partnership...
Side 221 - ... the terms of the partnership contract and to the length of time during which the partnership has continued, unless — (a) the dissolution is, in the judgment of the Court, wholly or chiefly due to the misconduct of the partner who paid the premium ; or (b) the partnership has been dissolved by an agreement containing no provision for a return of any part of the premium.
Side 217 - Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners...
Side 224 - The Acts mentioned in the schedule to this Act are hereby repealed to the extent mentioned in the third column of that schedule.
Side 167 - 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...
Side 209 - Partnership is the relation which subsists between persons carrying on a business in common with a view of profit.
Side 212 - Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership, or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
Side 213 - ... property so received is misapplied by one or more of the partners while it is in the custody of the firm ; the firm is liable to make good the loss.
Side 215 - ... so purchased belongs to them, in the absence of an agreement to the contrary, not as partners, but as co-owners for the same respective estates and interests as are held by them hi the land or estate first mentioned at the date of the purchase.

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