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" 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 part of the profits he takes from the creditors a part of that fund which is the proper security... "
The Merchants' Law Book: Being a Treatise on the Law of Account Render ... - Página 281
por William Grimshaw - 1831 - 346 páginas
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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 - 1827 - 736 páginas
...of three or four persons, when in fact they lent it only to two of them." 2. " He who takes a moiety of all the profits indefinitely, shall by operation of law be made liable to the losses, if losses arise, upon the principle that by taking part of the profits he takes from the...
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Commentaries on American Law, Volume 3

James Kent - 1828 - 432 páginas
...under which they act. If a person partakes of the profits, he is answerable as a partner for losses, on the principle, that by taking a part of the profits, he takes from the creditors a part of the fund which is the proper security for the payment of their o Gibson, J., Hess v. West, 4 Serg....
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 808 páginas
...Upon the authority of WUHINGTO Grace v. Smith (fy, he who takes a moiety of all the pro- "• fits 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...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 7

Jacob D. Wheeler - 1836 - 644 páginas
...receive one third of the net profit. Now it is a very clear proposition, that he who is to take a part of the profits, indefinitely, shall by 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...
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - 1840 - 1016 páginas
...upon the face of the agreement ;. and, upon the authority of Grace v. Smilh, he who takes a moiety of all the profits indefinitely, shall by operation of law be made liable to loss. I cannot agree that this was a mere agency, in the sense contended for on the part of the defendants,...
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An Abridgment of the Law of Nisi Prius, Volume 2

William Selwyn - 1842 - 822 páginas
...attaining twenty-one, on the credit of the partnership. In respect of creditors, he who takes a moiety of all the profits indefinitely, shall, by operation...the principle, that by taking a part of the profits, ha takes from the creditors a part of that fund which is the proper security to them for the payment...
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Commentaries on the Law of Partnership: As a Branch of Commercial and ...

Joseph Story - 1846 - 756 páginas
...part of the profits, shall by operation of law be made liable to losses, as to third persons ; because by taking a part of the profits, he takes from the creditors a part of that fund, which is the security for the payment of their debts.3 So, where A., B., and C. 59, W), 2d edit — Mr. Collyer...
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1848 - 1084 páginas
...each only for his own. Eyre, C. J-, referring to Grace v. Smith (b), says : " He who takes a moiety of all the profits indefinitely, shall, by operation...principle that, by taking a part of the profits, he takes 1846. (a) 2 //. Blue. 235. (6) 2 W. m. 998. 1846. BARRV r. NESHAM. from the creditors a part of that...
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A Treatise on the Contract of Partnership

Robert Joseph Pothier - 1854 - 188 páginas
...of profits, the person receiving a salary, an annuity, or interest, is considered as a partner, is, that by taking a part of the profits he takes from the creditors a part of the fund which is their proper security for payment to them of their debts. Waugh v. Carver, 2 H. Black....
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Reports of Cases Argued and Determined in the Supreme ..., Volume 1,Parte 1

Alexander James - 1855 - 490 páginas
...consequences. In Waugh v. Carver, 2 H. Black 247, Lord Chief Justice Egre says, " he who takes a moiety of all the profits indefinitely shall by operation...if losses arise, upon the principle that by taking part of the profits he takes from the creditors a part of that fund which is the proper security to...
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