Cases on the Law of Partnership and Other Unincorporated Business AssociationsBobbs-Merrill Company, 1923 - 974 pages |
Contents
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Common terms and phrases
action adjudication agreed agreement alleged amount appeal applied assignment association authority Bank bankrupt bankruptcy bill bind capital claim common law Company contract copartners corporation court of equity death debtor deceased partner declaration declaration of trust defendant dissolution effect entitled equity estoppel evidence execution executor existence fact filed firm name firm property funds held indorsed insolvent interest joint creditors Judge judgment jury liability lien limited partnership Mass Megargel ment nership notice old firm omitted.-Ed opinion paid parties partnership business partnership creditors partnership debts partnership property payment petition plaintiff plaintiff in error principle profits promissory note purchase purpose question reason received rule separate estate share shareholders ship sold special partner statute statute of frauds suit Supreme Court surviving partner thereof tion trade transaction trial trust Uniform Partnership Act Warren & Wetmore
Popular passages
Page 25 - The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business...
Page 643 - Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date, or with a rebate of interest upon such as were not then payable and did not bear interest...
Page 642 - The net proceeds of the partnership property shall be appropriated to the payment of the partnership debts, and the net proceeds of the individual estate of each partner to the payment of his individual debts. Should any surplus remain of the property of any partner after paying his individual debts, such surplus shall be added to the partnership assets and be applied to the payment, of the partnership debts.
Page 223 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity...
Page 223 - A discharge in bankruptcy shall release a bankrupt from all his provable debts...
Page 135 - On the death of a partner his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his legal representative. Such surviving partner or partners, or the legal representative of the last surviving partner, has no right to possess the partnership property for any but a partnership purpose.
Page 203 - Every conveyance of partnership property and every partnership obligation incurred when the partnership is or will be thereby rendered insolvent, is fraudulent as to partnership creditors, if the conveyance is made or obligation is incurred.
Page 519 - ... are in derogation of the common law and must be strictly construed...
Page 54 - In determining whether a partnership exists, these rules shall apply: 1. Except as provided by section 16 persons who are not partners as to each other are not partners as to third persons. 2. Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such coowners do or do not share any profits made by the use of the property. 3. The sharing of gross returns does not of itself establish...
Page 354 - ... their own, or held by them in trust, or on commission, or on joint account with others, or sold but not delivered, contained in