Reports of Cases Argued and Determined in the Courts of King's Bench and Exchequer Chamber, in Ireland, from Trinity Term, 1 W. IV., to Trinity Vacation, 3 W. IV. 1831-1833, with Tables of the Names of the Cases and Principal Matters

Reports of Cases Argued and Determined in the Courts of King's Bench and Exchequer Chamber, in Ireland, from Trinity Term, 1 W. IV., to Trinity Vacation, 3 W. IV. 1831-1833, with Tables of the Names of the Cases and Principal Matters

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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. 1834 edition. Excerpt: ...which is now determined by the death of the defendant's testator. The true meaning of the coveCo) l V. IsR. 148. (6) See Soulby v. Smith, 3 B. If Ad. 929. (a). (c) 8 Taunt. 566. (d) 2 H. If E. 119. (e) 1 Sound. 58. 1833. nant is, that the party would pay calls duly made during his Pentxand life-time, and that the executor would pay those made during v-the life-time of such executor, in case he made himself a Gibson... partner, by executing a deed as required by the 42nd clause. If there be a refusal to execute, in the case of a personal representative, and the Company sell the shares of the testator or intestate, it could not be contended that the personal representative would be liable, on default of the vendee from the Company. The testator here was never liable to the payment of this demand now made against his personal representative; and the executor does not become a partner without a personal assent, which is to be evidenced by the execution of a certain deed. It is clear, therefore, that there is nothing here to constitute liability on the part of the defendant; the testator's liability having ceased upon his death, as the partnership was thereby dissolved. The executor can only be liable as such, for calls demanded from the testator in his life-time. The subject matter of the present claim arose altogether after the testator's decease. R. W. Greene, in reply. It is unnecessary to discuss the question which arises on the second plea, as it has been fully argued by Mr. Holmes. The plaintiff here was clearly the proper person to maintain this action upon the deed. Metcalfe v. Ryecroft (a). There is nothing in the fourth plea to shew, that the shares of the testator, Joseph Gibson, did not vest in the defendant; moreover, it is not necessary...show more

Product details

  • Paperback | 190 pages
  • 189 x 246 x 10mm | 349g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236632648
  • 9781236632647