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Ontario Reports Volume 15: (English)

Ontario Reports Volume 15: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...to the supposed partnership firm. In re Rowland and Crankshaw (1866), L.R. 1 Ch. 421, also a decision of the English Court of Appeal, is.the authority upon which the Court rests its judgment in Ex p. Hayman. The doctrine is broadly and unmistakably enunciated that in regard to the allocation of joint and separate assets to the payment of joint and separate claims, the rights of creditors are the same in the case of an ostensible partnership as they are where there has been a partnership in fact. _ In Baker v. Dawbarn (1872), 19 Gr. 113, Mowat, V.C., held that the rule in equity as well as in bankruptcy is that his separate creditors rank first upon the separate estate of each partner, while partnership creditors rank first upon joint estate of the partnership. In Ea: p. Hayman, Thesiger, L.J., at p. 25, said that but for the authority of In re Rowland and Crankshaw, L.R. 1 Ch. 421, and Ex p. Sheen (1877), 6 Ch.D. 235, he "should have wished to hear further argument as to the consequences arising from an ostensible partnership in the event of bankruptcy, where there are both joint and separate creditors." The Lord Justice proceeds to point out the inapplicability of any principle of estoppel to the position of the separate creditor, who is excluded from ranking upon assets of his debtor employed in the business of an ostensible partnership. He regards the consequence that such assets are to be deemed joint property as an offshoot of the doctrine of reputed ownership. Lord Justice James is of opinion that the doctrine of reputed ownership was really the foundation of Lord Cranworth's judgment in In re Rowland and Crankshaw. In Kelly v. Scott (1872), 49 N.Y. 595, the Court of Appeals of the State of New York laid down the...


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Product Details
  • ISBN-13: 9781230012292
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 274
  • Series Title: English
  • Weight: 494 gr
  • ISBN-10: 123001229X
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 15 mm
  • Width: 189 mm


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