 I think the true criterion (when money is advanced to a trader) is to consider whether the profit or premium is certain and defined, or casual, indefinite, and depending on the accidents of trade. In the former case it is a loan (whether usurious or not...  Parliamentary Papers - الصفحة 30بواسطة Great Britain. Parliament. House of Commons - 1854عرض كامل - لمحة عن هذا الكتاب
 | William Watson (Barrister at law) - 1794 - عدد الصفحات: 596
...fecret partner, though it does not in all cafes conclude him fo. And Mr. Juftice Blackftone fays, that the true criterion (when money is advanced to a trader) is to confider •whether the profit or premium is certain and defined, or cafual, indefinite, and depending... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1823 - عدد الصفحات: 726
...same principle was laid down in Grace v. Smith (6), where Sir William Blackstone said (c), " I think the true criterion (when money is advanced to a trader),...depending on the accidents of trade. In the former case, it is a loan ; in the latter, a partnership." That is, if the loss depends at all upon the casualties... | |
 | Great Britain. Court of Common Pleas, Henry Blackstone - 1827 - عدد الصفحات: 736
...whether he only relied on those profits as " a fund for payment." And Blackstone, J., also said, " The " true criterion, when money is advanced to a...profit or premium is certain and defined, " or casual and indefinite, and depending on the accidents of " trade : in the former case it is a loan, in the... | |
 | John Collyer - 1840 - عدد الصفحات: 1016
...J., concurred, and thought the true question in these cases was, whether the profit or premium was certain and defined, or casual, indefinite, and depending on the accidents of trade. In the former case it was a loan, (whether usurious or not, was not material to that question), in the latter, a... | |
 | John William Smith - 1841 - عدد الصفحات: 744
...whether he only relied on those profits as a fund for payment?" And Blackstone, J., also said — " The true criterion, when money is advanced to a trader,...profit or premium is certain and defined, or casual and indefinite, and depending on the accidents of trade. In the former case it is a loan, in the latter... | |
 | Archibald John Stephens - 1842 - عدد الصفحات: 998
...partnership (7) ; in fact, where money is advanced to a trader, the true criterion to consider is, " whether the profit or premium is certain and defined,...depending on the accidents of trade. In the former case it is a loan, in the latter a partnership." (8) But where a person retired upon an annuity, receiving... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - عدد الصفحات: 890
...for granting a new trial. Blackstone, J., concurring in opinion with the chief justice, said, I think the true criterion (when money is advanced to a trader)...depending on the accidents of trade. In the former case it is a loan, (whether usurious or not is not material to the question,) in the latter a partnership.... | |
 | Joseph Story - 1846 - عدد الصفحات: 796
...payment; or, in other words, whether the profit, or premium, or annuity, is certain and defined, or is casual, indefinite, and depending on the accidents of trade. In the former case, it is a loan ; in the latter a partnership. The hazard of profit or loss is not equal and reciprocal,... | |
 | Charles Greenstreet Addison - 1847 - عدد الصفحات: 988
...the concern as a co -partner. («) " I think the true criterion," observes Sir William Blackstone, " (when money is advanced to a trader) is, to consider...and defined, or casual, indefinite, and depending upon the accidents of trade. In the former case it is a loan, in the latter a partnership."(o) JOINT... | |
| |
