The Chautauquan, Vol. 04, April 1884, No. 7 — John Shaqi
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
This question of division ought to be solved by reference to the articles
of agreement, which should have expressed the whole partnership contract,
and have been signed by all the partners. This not done? Well then, we
say, all should share in equal proportions the gains or losses, first
making unequal investments equal by an allowance of interest on net
investments, and equalizing individual ability and experience by allowing
each partner that salary to which, measuring his services by comparison
with those rendered by other partners, he seems to be fairly entitled.
Where capital and skill are equal, an equal sharing in the gains or
losses is equitable.
Dissolution.
The following conditions serve to dissolve a partnership:
The expiration of the time for which the partnership was organized;
ordinarily the completion of the business for the purpose of
accomplishing which the partnership was formed;
The misfeasance of a partner; whenever a partner fails to act in harmony
with his associates, or disposes of his interest in the partnership
affairs;
By the death of any one of the partners;
By decree of the court ordering the same;
By the consent of all the partners at any time.
After the dissolution, a partner acts no longer for his former copartners
to the extent of entering into or incurring new obligations. Each partner
however has full power to collect debts due the firm, signing the firm
name to receipts, and also to liquidate outstanding obligations of the
firm, unless by special agreement these powers are conferred on one
partner alone. This is an arrangement which affects the partners only,
third persons being protected in a settlement with any member of a late
partnership dissolved.
After the business is wholly settled, all liabilities being paid, and not
till then, is a partner entitled to his share of the partnership funds.
Notice of the dissolution of a partnership should be publicly given, it
being necessary in the case of one or more retiring from the firm, in
order to secure them from future liability. Individually this notice
is given by mail to all with whom the firm has been dealing. This, in
addition to ordinary publication of notice in newspaper, is sufficient.
SALES—Personal Property.
A sale is the transfer of certain property from one to another for a
certain sum paid or to be paid, those being parties to it, to make it
valid, who are competent to enter into a contract.
A sale effected entitles the purchaser to possession of the goods on
payment of price agreed upon; or, if purchaser be given credit, at once,
unless there be some special agreement to the contrary.
In the case of goods shipped to a purchaser who becomes insolvent before
they have been delivered, the vendor may order the carrier to hold them
subject to his (vendor’s) order, thereby exercising a privilege given him
by law, and called the right of stoppage _in transitu_.
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