A Practical Treatise on the Law of PartnershipCharles Hunter, 1825 - 428 pages |
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Common terms and phrases
act of bankruptcy act of parliament action afterwards agreement assignees assumpsit bank became bankrupt bill bond Campb claim copartner court of equity covenant debt due debtor deceased partner declared deed defendant discharge dissolution East effects entitled execution firm fund Glyn and James held Ibid individual partner interest joint commission joint creditors joint debts joint effects joint estate joint property jointly judgment liable Lord Chancellor Lord Eldon Lord Ellenborough Lord Mansfield Lord Thurlow Madd ment Meriv mutual credit ners nership old firm paid parties partnership debts payment plaintiff plea in abatement plead possession profits prove received respect retiring partner rule S. C. 1 Rose Selw separate commission separate creditors separate debts separate estate set-off share ship single partner Smith solvent partner Stark statute sued supra surviving partner Swanst Taunt third persons tion trade transaction
Popular passages
Page 410 - To them. exemplify this, the plaintiff in his affidavit states, that after the Bill had been read a second time in the House of Commons, he had an interview with Mr.
Page 393 - ... devisee or devisees of such debtor, shall be liable to all the same suits in equity at the suit of any of the creditors of such debtor, whether...
Page 204 - now acknowledged that where a personal action is once suspended by the voluntary act of the party entitled to it, it is forever gone and discharged.
Page 393 - ... which he shall not by his last will have charged with or devised subject to the payment of his debts, the same shall be assets to be administered in courts of equity for the payment of the just debts of such persons, as well debts due on simple contract as on specialty...
Page 227 - By the law of England, the creditor of any one partner may take in execution that partner's interest in all the tangible property of the partnership, and' will thereby become a tenant in common with the other partners.
Page 51 - ... is part of the laws of this realm, for the advancement and continuance of commerce and trade, which is pro bono publico; for the rule is, that jus accrescendi inter mercatores pro beneficio commercii locum non habet.
Page 357 - That where there has been mutual Credit given by the Bankrupt and any other Person, or where there are mutual Debts between the Bankrupt and any other Person, the Court shall state the Account between them, and one Debt or Demand may be set against another...
Page 358 - ... the other for a sum of money payable at a future day, and which will then become a debt ; or where there is a debt on one side, and a delivery of property with directions to turn it into money on the other.
Page 263 - ... each other to make up that deficiency, according to their proportions. But while they remain solvent, and the partnership is going on, the creditor has no equity against the effects of the partnership. He may bring an action against the partners, and get judgment; and may execute his judgment against the effects of the partnership. But when he has got them into his hands...
Page 121 - Parliament, shall be commenced and sued within the time and limitation hereafter expressed, and not after; (that is to say, the said actions upon the case...