A Digest of the Law of Partnership: Incorporating the Partnership Act, 1890

Stevens, 1890 - 179 sider

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Side 13 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Side 131 - Where persons are sued as partners in the name of their firm under Rule (1), the writ shall be served either upon any one or more of the partners or at the principal place, within the jurisdiction, of the business of the partnership upon any person having at the time of service the control or management of the partnership business there...
Side 4 - Formed or incorporated by or in pursuance of any other Act of Parliament or letters patent, or Royal Charter; or (c) A company engaged in working mines within and subject to the jurisdiction of the Stannaries: is not a partnership within the meaning of this Act.
Side 87 - If entered into for a single adventure or undertaking, by the termination of that adventure or undertaking. (c) If entered into for an undefined time, by any partner giving notice to the other or others of his intention to dissolve the partnership.
Side 115 - ... (1) Where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with Its capital or assets without any final settlement of accounts as between the firm and the outgoing partner or his estate, then, in the absence of any agreement to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since the dissolution as the court...
Side 114 - ... for any payments made by him in respect of the partnership liabilities; and (c) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership.
Side 114 - Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled (a) To a lien on, or right of retention of, the surplus of the partnership...
Side 131 - And if the plaintiffs or their solicitors shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Court or a Judge may direct. And when the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow as if they had been named as the plaintiffs in the writ. But all proceedings shall nevertheless continue in the name of the firm.
Side 72 - A partner is NOT entitled before the ascertainment of profits to interest on the capital subscribed by him. (5) Every partner may take part in the management of the partnership business.
Side 22 - Act called collectively a firm, and the name under which their business is carried on is called the firm name.

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