Commentaries on the Law of Partnership, as a Branch of Commercial and Maritime Jurisprudence; With Occasional Illustrations from the Civil and Foreign Law

Commentaries on the Law of Partnership, as a Branch of Commercial and Maritime Jurisprudence; With Occasional Illustrations from the Civil and Foreign Law

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ... plaintiff, which was affirmed on appeal. The bill did not pray a dissolution, and the company was a subsisting and continuing partnership. That case and Hichens v. Congreve differ from the present in this only, that in those cases the partnerships were flourishing and likely to continue, whereas in the present, though not dissolved, it is unable to carry on the purpose for which it was formed, an inability to be attributed in part to the withholding that property which this bill seeks to recover. So far this case approximates to those in which the partnership has been dissolved; as to which it is admitted that this Court exercises its jurisdiction. This case also differs from the two last-mentioned cases in this, that the difficulty in which the plaintiffs are placed, and the consequent necessity for the assistance of this Court, is greater in this case;--no reason, certainly, for withholding that assistance. How far the principle upon which these cases have proceeded is consistent with the doctrine in Loscombe v. Russell, ' that in occasional breaches of contract between partners, when they are not of so grievous a nature as to make it impossible that the partnership should continue, the Court stands neuter, will be to be considered if the case should arise. It is not necessary to express any opinion as to that in the present case; but it may be suggested that the supposed rule, that the Court will not direct an account of partnership dealings and transactions, except as consequent upon a dissolution, though true in some cases, and to a certain extent, has been supposed to be more generally t Dig. Lib. 17, tit. 2,1. 65, $ 9; Id. 1. 59; Pothier, Pand. Lib. 17, tit. 2, n. 56, 57. partnership. Nonnunquam necessarium est, et manente...show more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236840380
  • 9781236840387