The Chautauquan, Vol. 04, April 1884, No. 7Chautauqua Literary and Scientific Circle
Religion
The Chautauquan, Vol. 04, April 1884, No. 7
Chautauqua Literary and Scientific Circle
Chautauqua Institution -- Periodicals; Chautauqua Literary and Scientific Circle -- Periodicals
Partners assume different relations and responsibilities as regards the
partnership and the business world. There are the ostensible partners
who boldly advertise themselves as such, and as such assuming the
hazards incident to commercial enterprises; then the nominal partner who
seeks to help a partnership by lending it his name, and thereby holding
himself out as a member of it and making himself liable to creditors for
partnership debts, providing credit was given, because of his supposed
connection with the firm, as a regular partner; secret partners, who keep
their names from the public, seeking by this means to avoid liability,
but at same time sharing with the other partners the profits arising from
the business. If such partnership becomes known to creditors, they may
enforce collection of claims due from the partnership, as against the
property of the secret partner; and the special partner, recognized by
the laws of some of the states, which limit his liability to the amount
of his investment, on condition that he gives public notice of such
partnership agreement in a manner prescribed.
The partnership is organized, the partners assuming such relation to
the partnership as they mutually agree upon, bearing in mind the above
description of liabilities.
The element agency becomes quite conspicuous here, for each partner
is an agent of the partnership and invested with plenary power to
bind the other partners by his acts, when within the business sphere
of the firm. It will be observed that we say in the line of the
copartnership business, because otherwise it would not be sanctioned.
As an illustration: A member of a partnership engaged in the flour
trade would not have authority to bind his partners, if he attempted to
involve them in stock speculations, unless previous similar enterprises
by him had been approved by them, in which case there might be a fair
presumption that such authority existed. This leads us to the question of
liability; and liable they are, each and every partner, unless by virtue
of exception previously mentioned, exempted. Their individual property,
in the event of there being insufficient partnership assets to liquidate
the indebtedness of the firm, must respond to the creditors’ call.
Now, since the acts of a partner may result in a manner disastrous to all
associated with him, it is his duty to act with all fidelity and perfect
good faith; to give his attention carefully to the business, acting as
his best judgment may advise for the benefit of all. While, however, a
breach of these obligations creates a liability for such misfeasance or
wrong act as a partner may be guilty of, it does in no way affect outside
parties, unless cognizant of and participating in same.
Gains and losses how shared? The object of our partnership is the hope of
gain; its effect may be the realization of loss.
Public-domain text, read in full here on John Shaqi.
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