A Treatise of the Law of Partnership |
Other editions - View all
Common terms and phrases
act of bankruptcy action affignees aforefaid againſt agreed agreement alfo alſo anſwer arife bankrupt becauſe bill bond bufinefs buſineſs C. D. and E. F. cafe caufe cauſe charter-party commiffion confent confideration confidered contract Court court of equity covenant creditors debts defendant diffolved diſcharge E. F. fhall eftate executors and adminiftrators executors or adminiftrators faid A. B. faid C. D. faid copartners faid E. F. faid joint ftock faid joint trade faid parties fale fame fecurity feparate fervant feven feveral fhall fhare fhew fhip fhould Finlyfon firft fome ftated ftatute fubject fuch fufficient fum of money himſelf houſe iffued intereft Juftice liable lofs Lord Chancellor Lord Mansfield mafter merchants moiety muſt neceffary nerſhip paid partnerſhip payment perfons plaintiff poffeffion profits promife purchaſe purpoſe queftion reafon refpect Rolleston ſaid ſeparate ſhall ſhare ſhip ſtock ſuch themſelves thereof theſe thofe tion tranfaction ufury uſe whole
Popular passages
Page 420 - France and Ireland King Defender of the Faith &c. and in the year of our Lord One...
Page 174 - each is entitled to be allowed as against the other everything he has advanced or brought in as a partnership transaction, and to charge the other in the account with what that other has not brought in, or has taken out more than he ought.
Page 315 - Commissioners shall state the account between them, and one debt or demand may be set against another...
Page xiii - TO HAVE AND TO HOLD the said tract of land and all and singular other the premises hereby granted and released and every part and parcel thereof with their and every of their appurtenances...
Page 18 - I think the true criterion (when money is advanced to a trader) is to consider whether the profit or premium is certain and defined, or casual, indefinite, and depending on the accidents of trade. In the former case it is a loan (whether usurious or not is not material to the present question), in the latter a partnership.
Page 23 - Every man who has a share of the profits of a trade ought also to bear his share of the loss. And if any one takes part of the profit he takes a part of that fund on which the creditor of the trader relies for his payment.
Page 291 - ... is sure to have the principal again, come what will come ; but if the interest and principal are both in hazard, it is not then usury.
Page xv - ... from the beginning of the world to the day of the date hereof.
Page 443 - ... access thereto without any interruption of the other. AND ALSO, That they the said copartners, once in three months, or oftener if need shall require, upon the reasonable request of one of them, shall make, yield and render each to the other, or to. the executors...
Page 441 - ... continue from for and during, and unto the full end and term of • from thence next ensuing, and fully to be complete and ended. AND to that end and purpose, he the said...