A Digest of the Law of Partnership: With an Introductory Essay on CodificationStevens and sons, 1888 - 202 pages |
Other editions - View all
A Digest of the Law of Partnership: With an Introductory Essay on Codification Sir Frederick Pollock,Great Britain No preview available - 2015 |
A Digest of the Law of Partnership: With an Introductory Essay on ... Frederick Pollock,Great Britain No preview available - 2013 |
Common terms and phrases
¹ Lindley A.'s death A.'s estate account of profits afterwards agent agreement amount appears applied assets authority bank bankruptcy Barrister-at-Law Beav becomes bankrupt Bill bind the firm capital Chap clause Code codification common Common Law consent Court dealing deceased partner Digest dissolution duty entitled estoppel executors existing fact firm-name fraud given goodwill House of Lords Illustrations interest joint estate judgment law of France law of partnership liable limited partner limited partnership Lord Cairns Lord Eldon Lord Justice Lindley's ment Mossend negotiable instruments nership notice old firm paid partner or partners partner's share partnership affairs partnership articles partnership business partnership debts partnership property payment person premium principle purchase purposes receiving respect retirement Right of partners rule separate creditors separate estate separate property share of profits ship surviving partner tion trade transactions trustee Vict
Popular passages
Page 125 - 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...
Page 176 - After the dissolution of a partnership the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution so far as may be necessary to wind. up the affairs of the partnership, and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise.
Page 172 - Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners, but no change may be made in the nature of the partnership business without the consent of all existing partners; 9.
Page 175 - A partner becomes in any other way incapable of performing his part of the partnership contract, (c) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business, (d) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him, (e) The business of the partnership can...
Page 178 - ... 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 may find to be attributable to the use of his share of the partnership assets...
Page 78 - ... the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will. (2) A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence of a continuation of the partnership.
Page 179 - ... 1. In paying the debts and liabilities of the firm to persons who are not partners therein: 2. In paying each partner rateably what is due from the firm to him for advances as distinguished from capital: 3.
Page 174 - 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.
Page 169 - 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.
Page 135 - ... the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt...