A Practical Treatise on the Law of Partnership

A Practical Treatise on the Law of Partnership

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1825 edition. Excerpt: ...real with another person; but by such grant or contract shall become entitled to the whole in severalty. Thus, if a horse be given to the king and a private person, the king shall have the sole property: if a bond be made to the king and a subject, the king shall have the whole penalty; the debt or duty being one single chattel (6); and so, if two persons have the property of a horse between them, or have a joint debt owing them on bond, and one of them assigns his part to the king, or is attainted, whereby his moiety is forfeited to the crown; the king shall have the entire horse, and entire debt (c). For, as it is not consistent with the dignity of the crown to be partner with a subject, so neither does the king ever lose his right in any instance; but, where they interfere, his is always preferred to that of another person (a): from which two principles it is a necessary consequence, that the innocent, though unfortunate partner must lose his share in both the debt and the horse, or in any other chattel in the same circumstances." One good effect of this doctrine, with regard to partnership, is, that it may render a man cautious as to the persons with whom he forms this relation, and that it makes it his interest to strive to preserve them in the path of loyalty and virtue. Besides, although such are the strict rights of the crown, in the mild spirit of modern times, they are not likely ever to be enforced either against creditors, or deserving partners. (a) Co. Litt. 30. CHAPTER V. The Causes of the Dissolution of a Partnership. SECTION I. In the preceding chapters our object has been to ascertain and define what are the consequences legally resulting from the formation of the contract of partnership. These we have endeavoured to...show more

Product details

  • Paperback | 176 pages
  • 189 x 246 x 10mm | 327g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236586433
  • 9781236586438