 | Sir John Macdonell - 1883 - 792 σελίδες
...may not prevent them being subjected to such liability. The criterion is sometimes expressed thus : " every man who has a share of the profits of a trade ought also to bear his share of the loss " (n) ; " he who takes a moiety of all the profits indefinitely, shall, by operation of law, be made... | |
 | Owen Davies Tudor - 1884 - 1250 σελίδες
...nevertheless be considered a partner so far as third parties arc concerned. " Every man," observed Grey, CJ, "who has a share of the profits of a trade ought also to bear his share of the loss." Grace v. Smith, 2 Win. Black. 1000. This was followed by the celebrated case of Waiujh v. Carver, 2... | |
 | 1885 - 548 σελίδες
...unquestionably the author of this abortion in the law, sagely remarks in Grace, v. Smilli that " every matt who has a share of the profits of a trade ought also to bear his share of the loss." Why? is the question that at once suggests itself to the reader. His question is answered. his doubts... | |
 | 1886 - 982 σελίδες
...a partnership. "A communion of profit implies a communion of loss, for every man who has a share of profits of a trade ought also to bear his share of the loss:" Collyer on Part., sec. 18. And it is not necessary that there should be an express stipulation between... | |
 | 1887 - 956 σελίδες
...circumstances, partly on the ground that every man who has a share in the profits of a trade or business ought also to bear his share of the loss, and partly...persons might be exposed to numberless frauds." In Bourdeaux v. Martinez, 25 La. Ann. 1G9, the doctrine was laid down in this language: "The liability... | |
 | Isaac Grant Thompson - 1887 - 1104 σελίδες
...creditors, even though no partnership exists between the parties. DR (ÍRKY, J., remarks in Orace v. Smith that "every man who has a share of the profits of a trade ought also to bear his share of the loss, because he (the sharer in profite) takes a part of that fund on which the creditor of the trader relies... | |
 | 1887 - 1058 σελίδες
...deemed proper under other circumstances to make it. As early as 1775 it was broadly laid down in England that every man who has a share of the profits of a trade ought also to bear his share of the loss; in other words, that a community of interest in the profits of a business necessarily made a partnership.... | |
 | Colorado. Supreme Court - 1888 - 688 σελίδες
...circumstances, partly on the ground that every man who has a share in the profits of a trade or business ought also to bear his share of the loss, and partly...persons might be exposed to numberless frauds." In Bourdeaux v. Martinez, 25 La. Ann. 169, the doctrine was laid down in this language: " The liability... | |
 | 1888 - 942 σελίδες
...security to them for the payment of their debts." But in Grace v. Smith, supra, Ch. J. DeGrey says: "Every man who has a share of the profits of a trade ought also to bear his share of the loss. Ancl if any one takes part of the profits, he takes part of that fund upon which the creditor of the... | |
 | Clement Bates - 1888 - 800 σελίδες
...at five per cent. In an action by a creditor, charging Smith as a secret partner, De Grey, J., said: "Every man who has a share of the profits of a trade ought also to bear his share of the loss. If any one takes part of the profit, he takes a part of the fund which the creditor relies on for payment."... | |
| |
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. 
