swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Company - From: 1200 To: 1799
This page lists 13 cases, and was prepared on 02 April 2018.
East India Co v Sandys (or Sands); The Case of Monopolies (1683-5) 10 State tr 371; Skin 132; 2 Show 366; 90 ER 62; (1602) 11 Co Rep 84b
1602
Company
It is the nature of a patent to enable persons acting as a corporation 'to enjoy & apply to trade all the privileges derived from being a body corporate.
1 Citers
Morgan v Marquis (1653) 9 Exchequer 145
1653
Baron Parke
Company
Baron Parke dealt with the capacity of one tenant in common to maintain an action in conversion against his companions, and said that such an action was not maintainable unless there has been destruction of the particular chattel or something equivalent to its destruction.
1 Citers
Munn, Administrator De Bonis Non v The Governors And Company Trading To The East-Indies and others [1677] EngR 30; (1677) Fin H 298; (1677) 23 ER 163
1677
Company
Sale of Stock in the company when the buyer had full notice that it as not the stock of the Seller was deemed to be fraudulent
[ Commonlii ]
Sir Alexander Brand, Knight v Sir Thomas Kennedy, Sir Wm Binning, and Wm Baird, Gentlemen From Interlocutors of The Court of Session [1710] UKHL Robertson_8; (1710) Robertson 8
31 Mar 1710
HL
Company
One partner disclaiming money due to the partnership, which in consequence is not paid, they have recourse against him.
[ Bailii ]
Michael Russell of London, Merchant v John Cochran of Waterside Esq [1714] UKHL Robertson_84; (1714) Robertson 84
12 Jun 1714
HL
Company, Insolvency, Scotland
Presumption. - A bond is granted for a partnership debt to an individual creditor by one partner; the same partner afterwards executes an assignment of the partnership funds to the creditors in general, bearing to be in full payment and satisfaction of the partnership debts; this was recited in a power of attorney granted by the creditors; though the assignment was not executed by the other partner, it extinguished the bond to the individual creditor.
[ Bailii ]
William Morison, of Preston Grange, Esq; v James Smith of Whitehill, and David Burton Glazier In Edinburgh [1719] UKHL Robertson_249; (1719) Robertson 249
8 Apr 1719
HL
Company
Society - The minutes of a meeting of a company, subscribed by the preses, bore that certain members sold to another their shares of the joint stock at a given price; the person to whom the shares were so assigned afterwards entered to the management of the whole concern, and applied the profits to his use; it is found that he was obliged to pay to each partner the sums mentioned in said minute, though it was objected, that the minute was erased in some sentences, and that there was locus paenitentiae till a more formal assignment was made.
The assignee is also ordered to free the assignors from the debts of the society, and pay them interest on the sums found due.
Compensation - In a suspension, the suspender's plea of compensation is rejected.
[ Bailii ]
Attorney General v Stanyforth (1721) Bunb 97
1721
Company
Co-partners are liable for penalties incurred, for instance, for breach of revenue laws.
1 Citers
Thomas Paterson, Esq v Charles Cockburn, Esq [1725] UKHL Robertson_503; (1725) Robertson 503
11 Jan 1725
HL
Company
Mutual Contract, South Sea stock - At compromising a transaction relative to South sea stock, one of the parties grants an obligation to the other, to pay him a certain sum with this proviso, that whereas the obligee intended to sue two of the directors to make void his own bargain, if he succeeded, the obligor was to be free of his obligation. The obligee having got an abatement by compromise from the directors, the obligor was entitled to a proportional abatement.
[ Bailii ]
James Cheap of Leith, and Others, Executors of Thomas Cheap, Late Merchant In London, Deceased v Andrew Aiton and Company, Merchants, Glasgow [1772] UKHL 2_Paton_283; (1772) 2 Paton 283
11 Dec 1772
HL
Company
Dissolution of Copartnery - Liability of Representatives of a deceased Partner, for goods ordered in Company's name by one of the Partners, in alleged ignorance of his Death.- Circumstances where representatives of a deceased partner not held liable for goods so ordered, and furnished after the death was known to the sellers. Reversing the judgment of the Court of Session.
[ Bailii ]
James Craig of Edinburgh v Messrs Douglas, Heron, and Co [1781] UKHL 2_Paton_575; (1781) 2 Paton 575
17 Dec 1781
HL
Scotland, Company
Sale - Copartnery - Liability.- Circumstances in which a sale of stock, completed and carried through by one body of directors and not the whole, was held to liberate the partner, who sold his stock to the Company, from all liability as a partner, though by the rules of the Company, the transfer behoved to be submitted to the whole three bodies of directors, and though the Company was insolvent at the time.
[ Bailii ]
The King v Patrick And Pepper [1783] EngR 32; (1783) 1 Leach 253; (1783) 168 ER 229 (B)
1 Feb 1783
Criminal Practice, Company
A corporation must prosecute in their corporate name : and the addition of such name as a description of the persons of which the corparation is composed, is not sufficient in an indictment.
[ Commonlii ]
Matthew Boulton, Esq and Others, Creditors of Samuel Garbet, A Bankrupt v Messrs Mansfield, Ramsay, and Co of Edinburgh, [1787] UKHL 3 - Paton - 70
18 Apr 1787
HL
Company, Insolvency
Copartnery. - An agreement dissolved a Company, and transferred the retiring partner's interest in stock, andc. of the concern, to the other partners, but provided that he was still to have a share of the profits of the concern. In a question with creditors, held, that the person so retiring was still a partner of the firm, and liable as such.
[ Bailii ]
Ball v Dunsterville (1791) 4 TR 313
1791
Company
A deed executed by one partner in the name and in the presence of the co-partners, is treated as due execution by them.
