 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...  Name-Powers - Page 369by John Mews - 1898Full view - About this book
 | George Bryan - Natural gas - 1898 - 558 pages
...Lord Cranworth, in Cox vs. Hickman, 8 HL Cas., 268 : ' The real ground of liability (as a partner) is that the trade has been carried on by persons acting on his behalf (that is, of the person sought to be made liable), so that he would stand in the relation of principal... | |
 | Law reports, digests, etc - 1901 - 1544 pages
...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,...carried on in part for or on behalf of the person settin°- up such a claim. But the real ground of the liability is, that the trade has been carried... | |
 | Law reports, digests, etc - 1924 - 754 pages
...Cranworth in the well-known case of Cox v. Hick-man (1860), 8 HLC 268, where he says (p. 306) :— " But the real ground of the liability is, that the...has been carried on by persons acting on his behalf. When that is the case, he is liable to the trade obligations, and entitled to its profits, or to a... | |
 | Ohio. Circuit Courts - Law reports, digests, etc - 1897 - 794 pages
...proper test to be applied to all these cases, namely, that the real ground of liability as a partner is that the trade has been carried on by persons acting on behalf of the person whom it is attempted to make liable as a partner. But, in the very same page in... | |
 | Manfred Nathan - Civil law - 1904 - 686 pages
...contemplation of law a partner, is, whether he is entitled to participate in profits. But the real ground of liability is, that the trade has been carried on by persons acting on his behalf. When that is the case, he is liable to the trade obligations.' And Lord Wensleydale in the same case... | |
 | Floyd Russell Mechem - Partnership - 1905 - 1168 pages
...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,...trade in which the profits have been made was carried flu. in part for or on behalf of the person setting up such a claim. But the real ground of the liability... | |
 | Frederick Pollock - Forms (Law) - 1905 - 288 pages
...debts of the concern: for "the real ground of the Sect 2 liability," where such liability exists, " is that the trade has been carried on by persons acting on his behalf ; " l and in the case of such an arrangement as this, the trade is not carried on by or on account... | |
 | Eugene Allen Gilmore - Partnership - 1908 - 834 pages
...profits. This is no doubt in general a sufficiently accurate test ; for a right to participate in the profits affords cogent, often conclusive evidence...the real ground of the liability is that the trade had been carried on by persons acting on his behalf. When that is the case he is liable in the trade... | |
 | Eugene Allen Gilmore - Partnership - 1908 - 666 pages
...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,...person setting up such a claim. But the real ground of Jhe liability if that th,e trafle has hp?n ramVffnri hy , When that is the case, he is liable to the... | |
 | Eugene Allen Gilmore - Partnership - 1908 - 832 pages
...profits. This is no doubt in general a sufficiently accurate test; for a right to participate in the profits affords cogent, often conclusive evidence...on in part for or on behalf of the person setting tip such a claim. But the real ground of the liability is that the trade had been carried on by persons... | |
| |
