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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In our eReader you can find the full English version of the book. Read Commentaries On the Law of Partnership, As a Branch of Commercial And Maritime Jurisprudence, With Occasional Illustrations From the Civil And Foreign Law Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book 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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Swann, 4 B. & Ad. 633. In Harvey v. Crickett the dicta of the judges go much further ; probably Mr. Justice Bayley mistook the opinion of Lord iKenyon in Smith v. Oriell, 1 East, 368, and we doubt whether surviving partners have a power to sell, and give a good legal title to the share belonging to the executors of the deceased partner, when they sell in order to pay the debts of the deceased and of themselves ; but, be that as it may, we think it clear, that the survivors could have no power t...o dispose of it otherwise than to pay such debts, certainly not to mortgage that share together with their own (for that is the real nature of this transaction), as a security for a debt principally due from the surviving partners, and in part only from the deceased, and in order to enable them to continue their trade. At all events, therefore, this transaction was not within the scope of any, implied authority which the surviving partners may have, to wind up the affairs of the partner- ship ; and therefore this conveyance did not pass the share of the deceased ' Ante, § 319, 336.
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To quickly assess the difficulty of the text, read a short excerpt:
Swann, 4 B. & Ad. 633. In Harvey v. Crickett the dicta of the judges go much further ; probably Mr. Justice Bayley mistook the opinion of Lord iKenyon in Smith v. Oriell, 1 East, 368, and we doubt whether surviving partners have a power to sell, and give a good legal title to the share belonging to the executors of the deceased partner, when they sell in order to pay the debts of the deceased and of themselves ; but, be that as it may, we think it clear, that the survivors could have no power t...o dispose of it otherwise than to pay such debts, certainly not to mortgage that share together with their own (for that is the real nature of this transaction), as a security for a debt principally due from the surviving partners, and in part only from the deceased, and in order to enable them to continue their trade. At all events, therefore, this transaction was not within the scope of any, implied authority which the surviving partners may have, to wind up the affairs of the partner- ship ; and therefore this conveyance did not pass the share of the deceased ' Ante, § 319, 336.
What to read after Commentaries On the Law of Partnership, As a Branch of Commercial And Maritime Jurisprudence, With Occasional Illustrations From the Civil And Foreign Law?
You can find similar books in the "Read Also" column, or choose other free books by Story, Joseph, 1779-1845 to read onlineMoreLess
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