Commentaries on the Law of Partnership: As a Branch of Commercial and Maritime Jurisprudence, with Occasional Illustrations from the Civil and Foreign LawLittle, Brown, 1846 - 720 من الصفحات |
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عبارات ومصطلحات مألوفة
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مقاطع مشهورة
الصفحة 330 - I think it the duty of this court to adapt its practice and course of proceeding to the existing state of society, and not by too strict an adherence to forms and rules, established under different circumstances. to decline to administer justice and to enforce rights for which there is no other remedy.
الصفحة 202 - ... 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...
الصفحة 52 - Every man who has a share of the profits of a trade ought also to bear his share of the loss.
الصفحة 193 - 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.
الصفحة 464 - Whiting. By that decision, where, however there was an express acknowledgment, by an actual payment of a part of the debt by one of the parties, I am bound. But that case was full of hardship ; for this inconvenience may follow from it Suppose a person liable jointly with thirty or forty others, to a debt, he may have actually paid it...
الصفحة 97 - 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.
الصفحة 177 - ... disability to contract or maintain a suit, that where the husband was never within the commonwealth, or has gone beyond its jurisdiction, has wholly renounced his marital rights and duties, and deserted his wife, she may make and take contracts, and sue and be sued in her own name, as a feme sole. It is an application of an old rule of the common law, which took away the disability of coverture when the husband was exiled or had abjured the realm.
الصفحة 176 - Nihil tam naturale est, quam eo genere quidque dissolvere, quo colligatum est...
الصفحة 189 - In many cases * of partnership and differ- [* 545] ent private concerns it is frequently necessary for the salvation of the partnership, that the private demand of one partner should be satisfied at the moment; for the ruin of one partner would spread to the others; who would rather let him liberate himself by dealing with the firm. The nature of the subsequent transactions therefore must be looked to, as well as that at the time.
الصفحة 248 - A tort committed by one partner will not bind the partnership or the other copartner, unless it be either authorized or adopted by the firm, or be within the proper scope and business of the partnership.