The New Hampshire Reports Volume 53

The New Hampshire Reports Volume 53

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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. 1874 edition. Excerpt: ...a contract for B which he never wished to enter into, and which A did not rely on when he parted with his money? 1 Lindley on Partnership (1st ed.) 40, note l. parties themselves, but not with respect to the world at large. If the question were between A and B whether they were partners or not, it would be very well to inquire whether they had contributed, and in what proportions, stock or labour, and on what agreement they were to divide the profits of that contribution. But in all these cases a very different question arises, in which that definition is of little service. The question is generally not between the parties as to what shares they shall divide, but respecting creditors, claiming a satisfaction out of the funds of a particular house, who shall be deemed liable in regard to these funds? Now a case may be stated, in which it is the clear sense of the parties to the contract that they shall not be partners; that A is to contribute neither labour nor money, and, to go still farther, not to receive any profits. But if he will lend his name as a partner, he becomes as against all the rest of the world a partner, not upon the ground of the real transaction between them, but upon principles of general policy, to prevent the frauds to which creditors would be liable if they were to suppose that they lent their money upon the apparent credit of three or four persons, when in fact they lent it only to two of them, to whom, without the others, they would have lent nothing." The third part of the report of Evans opinion has caused this case to be considered a leading one. In its general tone, this third part is a. continuation of his previous statement of estoppel. If his remarks Were accurately reported, he said, --" It is...
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Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • United States
  • English
  • black & white illustrations
  • 1236790251
  • 9781236790255