Business Organizations Law Commons^™

Taxation - Social Security - Dissolution Of Corporation And Formation Of Partnership As Means Of Avoiding Tax, Arthur P. Boynton

Michigan Law Review

The O Company surrendered its corporate charter and began operating under an agreement purporting to establish a partnership relation between the former officers and employees whereby complete management including the power to employ, discharge and control the duties of its members was vested in a "board of control" elected by and subject to changes made by the majority in interest. Net profits and losses were shared in proportion to the respective interests. The firm could be dissolved only by a vote of the majority in interest and not by transfer of interest, death or resignation of a member. Advice was …

Joint Adventure - Relationship Distinguished From That Of Employer-Employee, Wayne E. Babler

Michigan Law Review

The taxpayer had an arrangement whereby he planned to furnish the Russian Government with shrapnel shells by farming out the various stages of manufacture to several different companies. A Canadian corporation, also having a contract for furnishing shrapnel, made arrangements with the taxpayer whereby the latter cancelled his contract and went in with the Canadian corporation. Under this arrangement the taxpayer was to furnish his manufacturing arrangement, plans, tools, gauges, drawings, etc., and to get fifteen per cent of the profits on the present contract and five per cent of the profits on future contracts of a similar nature. An …

The Power To Carry On The Business Of A Decedent, Harry Adelman

Michigan Law Review

The continuation of a business for the sole purpose of making a profit is clearly beyond the scope of liquidating the estate of a decedent. It is rather a trust of the business, created for the benefit of the creditors of the decedent and persons entitled to share in the distribution of the estate. The business is managed as a normal going concern, on a somewhat permanent basis, rather than as a temporary means of preserving the value for an advantageous sale.

The Corporate Entity As A Solvent Of Legal Problems, Elvin R. Latty

Michigan Law Review

If a layman were to ask a lawyer what is the reason that a stockholder is ordinarily not liable for his corporation's debts or that a deed to corporate property by the sole stockholder in his own name is not a flawless conveyance, the answer the layman would get would be: a corporation is a wholly different person from its stockholders-it is an entity separate and distinct from them. That answer reveals the traditional approach to scores of problems in corporation law, an approach which, it is submitted, can lead the incautious into considerable trouble.

Mining Partnerships In West Virginia, Stephen Ailes

West Virginia Law Review

A recent West: Virginia case bases the determination of the rights of the parties upon certain rules peculiar to the law of mining partnership, thereby supplementing a line of decisions which have been the subject of frequent citation by courts and text writers throughout the country. Those decisions paint a more or less complete picture when properly grouped, and it is the purpose of this note to effect that grouping.

Book Review. Cases On Business Organization By R. Magill And R. P. Hamilton, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Corporations-Tort Liability Of Independent Taxi Owners' Associations

Michigan Law Review

(a) In order to meet the competition of the large taxicab companies a number of taxi drivers owning their own cabs join together to advertise under a common name, establish a more efficient phone service, and secure the benefits of large-scale garage service. For this purpose a non-profit-sharing corporation is organized, to the expenses of which each driver contributes initiation fees and dues. (b) In order to avoid the liabilities which attend the ownership of cars one of the large taxi companies sells its cabs to the drivers. The drivers now pay the company a certain compensation in "dues" for …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Unintended Partnerships, Judson A. Crane

West Virginia Law Review

Infinite variety is possible in the agreements by which persons unite property or services in the hope of gain. As legal problems arise between associates, or between one or all of them and outsiders, the method of solution is to classify the associates as constituting some standard relation, such as partnership, co-owners, or principal and agent, and then to apply the rules of law appropriate to the relation found to exist. As there is a prima facie presumption that persons sharing profits are partners it is often necessary to decide whether or no that relation exists, and in so deciding …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Uniform Partnership Act And Its Effect Upon The West Virginia Decisions And Statutes Ii, J. R. Trotter

West Virginia Law Review

No abstract provided.

Partnership--Liability For Libel Published By One Partner

West Virginia Law Review

No abstract provided.

Partnership Entity And Tenancy In Partnership: The Struggle For A Definition, Joseph H. Drake

Articles

PARTNERSHIP is a legal entity formed by the association of two or more persons. This definition of a partnership as a person or entity represents what may be characterized as a generally accepted theory among American jurists at the time of its publication in 1893. But a later definition says: "A partnership is an association of two more persons." "A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership." The second definition shows that the Commissioners on Uniform State Laws have rejected the entity theory and coined a new term to describe partnership …

Cases On The Law Of Partnership, Floyd R. Mechem, Frank L. Sage

Books

Note to First Edition [1896]: "The following collection of cases has been made primarily for use in connection with the writer's lectures on Partnership in the Law School of this University and to accompany his 'Elements of Partnership' recently published."

Note to Third Edition: "In this edition the number of cases has again [from Second Edition] been considerably increased." F.R.M. ... October 1, 1905

Cases On The Law Of Partnership, Floyd R. Mechem, Frank L. Sage

Books

A casebook with selected cases to aid the teaching of partnership law.

Elements Of The Law Of Partnership, Floyd R. Mechem

Books

Several years ago the writer printed for the use of his class a brief course of lectures on Partnership. A wider demand for them having sprung up, they have been revised and reprinted in the hope that they may be useful to students elsewhere. They pretend to be nothing more than the mere elements of the subject, and the endeavor has been to keep them in small compass. The citation of authorities has been purposely limited to the leading and most readily accessible cases, and those cited have been selected rather as illustrations of the text than as authorities for …

Cases On The Law Of Partnership, Floyd R. Mechem

Books

A casebook with selected cases to aid the teaching of partnership law. First edition. Missing front matter.