 ... arrangement which is a partnership in fact, it is of no importance that they call it something else, or that they even expressly declare that they are not to be partners. The law must declare what is the legal import of their agreements, and names...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 194by Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hoyt Post, Henry Allen Chaney, Hovey K. Clarke, William Dudley Fuller, John Adams Brooks, James M. Reasoner, Marquis B. Eaton, Richard W. Cooper, Herschel Bouton Lazell - 1882Full view - About this book
 | Joseph Story - Partnership - 1846 - 756 pages
...use the language of Kent, Ch. J. in Post v. Kimberly, 9 Johns. R. 504,) ' We must be careful not to carry the doctrine of constructive partnership so far as to render it a trap for the unwary. We must in this, as in other cases, look to the entire transaction, in order to judge... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...inter sesc..' Kent, CJ in Post rs. Kimberly, 9 Jolms. R. 504, observes, " we must be careful not to carry the doctrine of constructive partnership so far as to render it a trap for the unwary. We must, in this as in other cases, look to the entire transaction in order to judge... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1897 - 796 pages
...intention must yield to actual engagements, says: "But every doubtful case must be solved in favor of the intent; otherwise, we should carry the doctrine of...partnership so far as to render it a trap to the unwary." We see no reason to force partnership relations and obligations upon parties who did not desire or... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1859 - 538 pages
...the proceeds have never been considered as liable for each other's debts. We must be careful not to carry the doctrine of constructive partnership so far as to render it a trap to the unwary. We must in this, as in other cases, look to the entire transaction, in order to judge correctly of... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1882 - 912 pages
...their Beecher v. Bush. agreements, and names go for nothing when the substance of the arrangement show them to be inapplicable. But every doubtful case must...Johns. 470, 504. We have then a case in which the party whom it is sought to charge has not held himself out, or suffered himself to bo held out, as a partner,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1885 - 944 pages
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...unwary.' KENT, CJ, in Post v. Kimberly, 9 Johns. 470. We have then a case in whicli the party sought to be charged has not held himself out or suffered himself... | |
 | Law reports, digests, etc - 1885 - 1000 pages
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...so far as to render it a trap to the unwary.' Kent, C. J-, in Post v. Kimberly, 9 Johns, 470. We have then a case in which the party sought to be charged... | |
 | Law reports, digests, etc - 1885 - 956 pages
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...solved in favor of their intent; otherwise we should 1 carry the doctrine of constructive partnership so far as to render it a trap for the unwary.' KENT,... | |
 | Law reports, digests, etc - 1895 - 1044 pages
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...partnership so far as to render it a trap to the unwary.' " The last expression is quoted by him from Chancellor Kent in Post v. Kimberly, 9 Johns. 470. The... | |
 | Law reports, digests, etc - 1895 - 1036 pages
...legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must...partnership so far as to render it a trap to the unwary.' " The last expression is quoted by him from Chancellor Kent in Post v. Kimberly, 9 Johns. 470. The... | |
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