Free Download A treatise on the law of partnership and joint-stock companies Volume 1; according to the law of Scotland including private copartneries common law ... companies and others formed under the con
You can download in the form of an ebook: pdf, kindle ebook, ms word here and more softfile type. Free Download A treatise on the law of partnership and joint-stock companies Volume 1; according to the law of Scotland including private copartneries common law ... companies and others formed under the con, this is a great books that I think are not only fun to read but also very educational.
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Published on: 2012-03-06
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Original language: English
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. 1866 Excerpt: ...important to bear this difference between the two legal systems in mind, for otherwise a very erroneous inference might be drawn from numerous English decisions of which the doctrine of merger is the true ratio. III. RELEASE--DISCHARGE BY CREDITOR, AND BY OPERATION OF LAW. If a creditor chooses to discharge his debtor or obligant, the Dischargo by.. creditor. release will be effectual, provided the fact can be established by legal evidence, whatever may have been the motive upon which the creditor acted; and as to the kind of evidence which the law requires to establish a discharge, the same rules generally apply in (a) Previous case; and see llardinge and W. 494. See Lindley, p. 367, and v. Webster, 1 Dr. and Sm. 101. Sup. 78. (b) Basset v. Wood, 11 Vin. Ab. (c) Erek. iii. 4, 22; M. 11518. Exting. B. 8; King v. Hoare, 13 M. the case of firms and companies as in that of individuals, and will be found in any work on evidence. When the discharge is required by law to be in writing, if the creditor be a copartnery, attention must be paid to the mode in which the firm signs obligations; if it be an incorporated company, regard must be had to the forms laid down in its instrument of incorporation for this purpose. The modes in which company debtors may be effectually discharged will be afterwards more fully considered. Engii.-h There is a doctrine of English law, as to the effect which the doctrine as to--.,,.., release by one release ot one partner has to release the others, or, in other words, to terminate the company obligation, which it is here necessaiy to consider, as some doubts have been entertained whether it was not, or at least has not now become, law in Scotland. According to the law of England, an absolute and unconditional release of a company obli...
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