The Archive · 1926

Solvent And Insolvent Partners

Counsel for the plaintiffs in support of his argument quoted previous decisions of other Courts that solvent partners are liable to pay for partners who are insolvent or have absconded, but although there are such decisions the question of custom was not raised in these even if it happened to be raised, no. satisfactory evidence of it was adduced, and these cases cannot be taken as precedents to govern this case, In this case Shanghai custom quoted by counsel for the defends ents is shown by the evidence given in Court of the representatives of commercial public bodies of Shanghai to comply with in every way with the four essential conditions hald down in Case No, 3, second yeat Character Shang, as necessary to give custom the force of law, and we ate therefore compelled to regard it. as enforceable at law.

Counsel for the plaiptifts stated with reference to. Caae\! Rib, 823, ath year of the Chieh Shi-i,

Text read from the printed page and cleaned; old type leaves the occasional error.

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