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 pages |
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Commentaries on the Law of Partnership: As a Branch of Commercial and ... Joseph Story Affichage du livre entier - 1846 |
Expressions et termes fréquents
2d edit 5th edit Abbott on Shipp Adolp adventure agent agree agreement apply arise assignment authority bankrupt bankruptcy Barn Bell bill bind Bing circumstances Collyer on Partn Comm common law concern consent contract copartners Courts of Equity Cramond Crawshay Cresw debtor deemed dissolution dissolved distinction doctrine Domat Droit entitled firm fraud funds Gow on Partn held Ibid Inst inter sese interest John joint creditors joint estate jointenancy Jurisp Justice Kent labor Lect liable lien Lord Eldon Lord Thurlow Mees nership obligations opinion owners Pand parties partnership effects partnership property partowners payment plaintiff Pothier principle profit and loss proportion purchase question quod receive respect Roman law rule says separate creditors separate estate share ship societatem Societé stipulation Story on Eq Swanst thereof third persons tion trade transaction Vinnius voyage Watson on Partn whole
Fréquemment cités
Page 56 - Every man who has a share of the profits of a trade ought also to bear his share of the loss.
Page 161 - 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.
Page 161 - The acting partners are identified with the company, and have power to conduct its usual business in the usual way. This power is conferred by entering into the partnership, and is perhaps never to be found in the articles. If it is to be restrained, fair dealing requires that the restriction should be made known. These stipulations may bind the partners ; but ought not to affect those to whom they are unknown, and who trust to the general and well-established commercial law.
Page 224 - Lye (6), where one of two partners drew bills of exchange in his own name, which he procured to be 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...
Page 486 - 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...
Page 187 - ... 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.
Page 184 - Nihil tam naturale est, quam eo genere quidque dissolvere, quo colligatum est...
Page 98 - ... indefinitely, shall, by operation of law, be made liable to losses, if losses arise, upon the principle that by taking a part of the profits, he takes from the creditors a part of that fund which is the proper security to them for the payment of their debts. That was the foundation of the decision in Grace v. Smith, and I think it stands upon the fair ground of reason.
Page 270 - 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.
Page 675 - CAUPONES, STABULARII, QUOD CUJUSQUE SALVUM FORE RECEPERINT, NISI RESTITUENT, IN EOS JUDICIUM DABO.