Select Cases And Other Authorities On the Law of Private Corporations
Select Cases And Other Authorities On the Law of Private Corporations
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We cannot sanction the appUcation to this case of the doctrine of implied agency as it is recognized in ordinary business copartnerships. If itbe ^ conceded t hat the principle upon which the pla intiff relies exists and is applicable in cases w here the business c on^ templated and carried on by the association, and the purposes for wnicn It is prosecuted, are s uch as involve the essential eTements of a partnership u ndertaking, or where the articles of association co ntain all th at is essen...tial to create a partnership, — still the principle is no t applicaBIelo this case, in which those conditions do not exist . So far as appears, the business undertaken and carried on by the defendants was not of a partnership character, nor the purposes such as to suggest the relation of copartners between those engaged in it. It was only the grading of a public street by the co-operation of these several per- sons, and that, so far as appears, for no purpose of gain or profit. This would not have constituted those uniting and contributing for such a purpose copartners ; nor can such a result have been accom- plished by the further fact that an incorporation was contemplated, and attempted to be perfected, but failed.
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To quickly assess the difficulty of the text, read a short excerpt:
We cannot sanction the appUcation to this case of the doctrine of implied agency as it is recognized in ordinary business copartnerships. If itbe ^ conceded t hat the principle upon which the pla intiff relies exists and is applicable in cases w here the business c on^ templated and carried on by the association, and the purposes for wnicn It is prosecuted, are s uch as involve the essential eTements of a partnership u ndertaking, or where the articles of association co ntain all th at is essen...tial to create a partnership, — still the principle is no t applicaBIelo this case, in which those conditions do not exist . So far as appears, the business undertaken and carried on by the defendants was not of a partnership character, nor the purposes such as to suggest the relation of copartners between those engaged in it. It was only the grading of a public street by the co-operation of these several per- sons, and that, so far as appears, for no purpose of gain or profit. This would not have constituted those uniting and contributing for such a purpose copartners ; nor can such a result have been accom- plished by the further fact that an incorporation was contemplated, and attempted to be perfected, but failed.
What to read after Select Cases And Other Authorities On the Law of Private Corporations?
You can find similar books in the "Read Also" column, or choose other free books by Ties20on20the20law20of20private20corporation to read onlineMoreLess
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