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" Every man who has a share of the profits of a trade ought also to bear his share of the loss. And if any one takes part of the profit he takes a part of that fund on which the creditor of the trader relies for his payment. "
Reports of Cases Determined in the Circuit Court of the United States for ... - Σελίδα 38
των United States. Circuit Court (1st Circuit), William Henry Clifford - 1869
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Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 5;Τόμος 68

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1870 - 840 σελίδες
...in the' profits conclusive that there is a partnership. " It is said, every man who has a share in the profits of a trade ought also to bear his share of the loss as a partner. In a just sense, this language is sufficiently expressive of the general rule of law;...

The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 σελίδες
...to a partnership. De Grey Ch. J. said : " The only question is, what constitutes a secret partner ? every man who has a share of the profits of a trade ought also to bear his share of the loss. And if any one takes part of the profit, he takes a part of that fund on which the creditor of the trader...

The Legal Guide, Τόμοι 1-2

1839 - 860 σελίδες
...thus given by Chief Justice DE GREY, in Grace v. Smith, 2 Blackstone 1000, " Every man who has the share of the profits of a trade, ought also to bear his share of the loss; and if any one takes part of the profit, he takes a part of that fund on which the creditor of the trader...

A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - 1840 - 1016 σελίδες
...must he a communion of pro/it between them. A communion of profit implies a communion of loss ; for, " every man who has a share of the profits of a trade, ought also to bear his share of the loss (b)." It is not, however, necessary that every party to the contract should undertake to share the...

A New Abridgment of the Law with Large Additions and Corrections, Τόμος 6

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 890 σελίδες
...Smith, 2 Bl. Rep. 998. De Grey, CJ—The only question is, What constitutes a secret partnership ? Every man who has a share of the profits of a trade ought also to bear his share of the loss. And if any one takes part of the profit, he takes a part of that fund on which the creditor of the trade...

Commentaries on the Law of Partnership: As a Branch of Commercial and ...

Joseph Story - 1846 - 756 σελίδες
...persons, is thus stated by Lord Chief Justice De Grey, in Grace v. Smith, (2 W. Black. 998, 1000). " Every man, who has a share of the profits of a trade, ought also to bear his share of the loss. And if any one takes part of the profits, he takes a part of that fund, on which the creditor relies for...

Commentaries on the Law of Partnership: As a Branch of Commercial and ...

Joseph Story - 1846 - 796 σελίδες
...profit ; l or, according to the language used on another occasion, " Every man, who has a share in the profits of a trade, ought also to bear his share of the loss, as a partner."2 In a just sense, this language is sufficiently expressive of the general rule of law...

A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - 1120 σελίδες
...A communion of profit implies a communion of loss ; for " every man who has a share of the profita of a trade ought also to bear his share of the loss." Per De Grey, CJ 2 Sir Win. fll. 999 ; Dob i<. Halsey, 16 John. 34 ; Bowman v. Bailey, 10 Vermont, 170...

Irish Chancery Reports: Being a Series of Reports of Cases Argued and ...

Ireland. High Court of Chancery - 1866 - 692 σελίδες
...partnership, resulting from a share in the profits, was stated by De Grey, CJ, in Grace v. Smith (a) : — . "Every man who has a share of the profits of a trade, ought also "to bear his share of the loss. And if anyone takes part of the "profit, he takes a part of that fund on which the creditor of the "trader...

Irish Common Law Reports: Reports of Cases Argued and Determined ..., Τόμος 16

1866 - 694 σελίδες
...partnership, resulting from a share in the profits, was stated by De Grey,- CJ, in Grace v. Smith (a) : — " Every man who has a share of the profits of a trade, ought also " to bear his share of the loss. And if anyone takes part of the •• profit, he takes a part of that fund on which the creditor of the...




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