The partnership Act, 1890; with notes: being a supplement to A treatise on the law of partnersh ... with an introduction and notes on the law of Scotland ... - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ...of spectively; as observed in Lovegrove v. Nelxm (1834) (t). "To make a person new Parlnera partner with two others their consent must clearly be had, but there is no particular mode or time required for giving that consent; and if three enter into a partnership by a contract which provides that on one retiring, one of the remaining two, or even a fourth person who is no partner at all, shall name the successor to take the share of the one retiring, it is clear that this would be a valid contract which the Court must perform, and that the new partner would come in as entirely by the consent of the other two as if they had adopted him by name." As to the effect of the assignment by a partner of his share in the partnership, see infra, § 31. As to the apparent exception in the cases of mining partnerships and partnerships in ships, see " Partnership," p. 366. (o) Airey v. liorham (1861), 29 (d) 5 Me. 373 (375). Beav. 620. (e) H. 760. (6) See "Partnership," p. 381, (/) 2 W. & S. 25. and p. 524 et seq.; and infra, § 42 (1). (j/) 8 Me. 157. (e) 2 Me. 1428 (1438). (t) 3 M. & K. 20. Section 24. Scotch lair. Sootou Law This is the existing law, and flows from "the delectui pertorue implied in the nature of the contract," which" bars the admission of new partners either by succession or alienation" (t). But the parties may stipulate that their heirs and even their assignees shall be adopted in their room (I); a curious illustration of which is the case of Warner v. Cuninghame (1815) (m), where two partners granted to themselves and their heirs and assignees mutual leases of coal and salt works on their respective estates for 124 years, which were held by the House of Lords binding on the heirs takin...
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