A Treatise on the Law of Partnership and Joint-stock Companies, According to the Law of Scotland: Including Private Copartneries, Common Law Companies, Registered Companies, Chartered Companies, Railway Companies, and Others, Formed Under the Consolidation Acts, Volume 1
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A Treatise on the Law of Partnership and Joint-Stock Companies, According to ...
Francis William Clark
No preview available - 2015
action agency agent agreement amount appear apply appointed articles of association association authority Bank Beav Bell's bill bind the company bound calls capital charter claim common seal company debts company property company's compensation concern contract copartners copartnery corporations Court Court of Session creditor debt due debtor deed delict directors dissolution East Lothian England English English law entitled existing firm formed Glasgow held House of Lords implied incorporated incurred individual inter socios interest joint-stock companies jury lands law of Scotland letters patent liability limited Lindley Macq meeting mode notice obligations old firm ordinary paid pany partner party payment person principle profits provisions purchase purposes question railway registered regulations Reports royal charter rule Scottish shareholders shares Sheriff special act statute statutory sued supra taken tion transaction transfer trustees ultra vires unincorporated Viet
Page 55 - It is often said that the test, or one of the tests, whether a person not ostensibly a partner, is nevertheless, in contemplation of law, a partner, is, whether he is entitled to participate in the profits. This, no doubt, is, in general, a sufficiently accurate test ; for a right to participate in profits affords cogent, often conclusive evidence, that the trade in which the profits have been made, was carried on in part for or on behalf of the person setting up such a claim.
Page 321 - ... notice in writing to the persons sought to be charged ; and upon such motion such court may order execution to issue accordingly ; and for the purpose of ascertaining the names of the shareholders, and the amount of capital remaining to be paid upon their respective shares, it shall be lawful for any person entitled to any such execution, at all reasonable times, to inspect the register of shareholders without fee.
Page 86 - No company, association, or partnership consisting of more than ten persons shall be formed for the purpose of carrying on the business of banking...
Page 92 - ... shall be deemed to be a company having a permanent paid-up or nominal capital of fixed amount, divided into shares, also of fixed amount, or held and transferable as stock, or divided and held partly in one way and partly in the other, and formed on the principle of having for its members the holders of shares in such capital, or the holders of such stock, and no other persons...
Page 55 - It is not strictly correct to say that his right to share in the profits makes him liable to the debts of the trade. The correct mode of stating the proposition is to say that the same thing which entitles him to the one makes him liable to the other, namely, the fact that the trade has been carried on...
Page 103 - Every person who shall have subscribed the prescribed sum or upwards to the capital of the company, or shall otherwise have become entitled to a share in the company, and whose name shall have been entered on the register of shareholders hereinafter mentioned, shall be deemed a shareholder of the company.
Page 570 - Any notice, if served by post, shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post...
Page 321 - If any execution, either at law or in equity, shall have been issued against the property or effects of the company, and if there cannot be found sufficient whereon to levy such execution, then such execution may be issued against any of the shareholders to the extent of their shares respectively in the capital of the company not then paid up...
Page xxii - An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature ;' and ' An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the making of Railways.
Page 194 - ... accounts, and converting all the property, means and assets of the partnership existing at the time of the dissolution as beneficially as may be for the benefit of all who were partners, according to their respective shares and interests ; and the other partners cannot say to him, tc whom they have given an offer of his deposit and interest...