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" Smith, he who takes a moiety of all the profits 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... "
Reports of Cases Adjudged in the Supreme Court of Pennsylvania, in the ... - Halaman 386
oleh Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1836
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 2

Great Britain. Court of Common Pleas, Henry Blackstone, Great Britain. Court of Exchequer Chamber - 1801 - 696 halaman
...made liable to lofTes, if lofles arife, 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 fecurity to them for the payment of their debts. That was the foundation of the decifion in Grace v....
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 732 halaman
...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. A. and B. ship-agents at different portsc, entered into an agreement to share,...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 halaman
...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...
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A Practical Treatise on the Law of Partnership

Niel Gow - 1825 - 520 halaman
...why such a person becomes, by implication and operation of law, clothed with the character of partner is, that by the effect of the agreement for a participation,...their debts, and upon which they rely for payment (a). Another reason assigned for subjecting a dormant partner to responsibility is, that if he were...
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A Practical Treatise on the Law of Partnership

Niel Gow - 1825 - 516 halaman
...why such a person becomes, by implication and operation of law, clothed with the character of partner is, that by the effect of the agreement for a participation,...takes from the creditors a part of that fund which (a) Metoulf i . Royal Exch. Ass. Company, Barnard, 343. Once v. Smith, 2 Blacks. 998. Ex parts Hamper,...
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The Merchants' Law Book: Being a Treatise on the Law of Account Render ...

William Grimshaw - 1831 - 354 halaman
...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. — 16 Johns. Rep. 34. A. and B. ship-agents at different ports, entered into...
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The Law-dictionary, Explaining the Rise, Progress, and Present State of the ...

Thomas Edlyne Tomlins - 1835 - 862 halaman
...such a person becomes, by implication and operation of law, clothed with the character of partner, is, that by the effect of the agreement for a participation,...their debts, and upon which they rely for payment. Per De Grey, 2 El. 998. Another reason assigned for subjecting a dormant partner to responsibility...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 7

Jacob D. Wheeler - 1836 - 644 halaman
...operation of law be made liable to losses; upon the principle, that by taking part of the profits, he takes from the creditors a part of that fund, which is the security for the payment of their debts. 11. TAYLOR v. TERME, ET AL. May T. 1816, 3 Har. & Johns. Md....
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Precedents in Conveyancing: A Collection of Forms of Assurances of ..., Volume 3

Samuel Vallis Bone - 1839 - 398 halaman
...with the character of partner, is expressed by DE GREY CJ in Grace v. Smith, that by the effect of an agreement for a participation, the party participant...their debts, and upon which they rely for payment. LORD MANSFIELD gave another reason in Hoare v. Dawes, 1 Doug. 371., that if the dormant partner were...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 2

Arkansas. Supreme Court - 1841 - 662 halaman
...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." See also Ross vs. Drinker, 2 Hall, 415; Champion vs. Bostwick, 18 Wend. 175;...
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