Abbildungen der Seite
PDF
EPUB

Dissolution.

the or. of them his exs and ads that they the sd A B
and C D shall not nor will at any time or times hraftr
during the space of mths afd by themselves or ors
directly or indirectly rece any of the sd outstanding
debts due or owing to the sd coptnshp but permit and
direct the same to be recd by the sd (R) or the survor,
&c. pursuant to the authty and upon the trusts afd And it
is hby also covtd and agrd by and betn the sd pties
and each of them the sd A B and C D doth hby for him-
self, &c. and so far as concerns, &c. covt, &c. in man-
ner following that is to say That in case all the sd
debts hby assd shall not be collected and reed by the sd
(R) within the space of
niths as afd The sd A B
and CD resply or their respive exs or ads shall and
will within days then next after meet togr and take
an acct of such of the same debts as shall then remain
unpd And shall allot to each or. by mutual agrmt betn
themselves a just fair and equal portion of each of
the sd debts in order that the same may be fairly and
equally divided amongst and bet them in equal pts
And furr that upon such division made each of them
the sd A B and C D shall and will at the request and
expense of the or. of them his exs or ads in due form of
law exte a proper assnmt unto the or. of them his exs
ads and ass of the apportioned share and shares pt or pts
of and in all such debts as afd. And shall and will join in
and exte all such powers as shall be necessary to enable
the pty taking such assnmt to rece or orwise act with re-
gard to the property as he shall think fit the pty assign-
ing being effectually indemnified by the party requiring
the same from any expense or responsibility with re-
gard to the property and effects to be thby assigned
And furr that neither of them the sd A B and C D their
exs or ads shall and will at any time or times hraftr
remise rele or discharge any of the debts or secties to
be allotted to the or. of them nor rele any actions or
suits which shall be sued or commenced for or on acct
of the same or any of them or any pt thof nor do or cause
to be done nor willingly suffer any act deed matter or
thing whatsr whby or by means whereof the or. of them the
sd A B and C D his exs ads or ass shall or may be prevented
from or hindered or retarded in the receiving or recover-
ing the same or any of them witht the special licence or
consent of such or. of them his exs, &c. in writing first
had and obtained for that purpe But on the contrary
that each of them the sd A B and C D their exs, &c.
shall and will give and afford evy reasonable assistance
in his power unto the or. of them his exs ads and ass
for the better enabling him to recover rece possess and

enjoy his sd allotted debts and shall and will from time Assignto time permit his or their name and names to be made ment of use of in all such actions and suits as afd Provided Debts. always and it is hby furr decld and agrd by the pties Reimbursehereto that it shall be lful for the sd (R) to deduct and ment of reimburse themselves and pay and allow to the ors of receiver. them by and out of all or any of the mos which by virtue of these prests or any of the trusts and powers herein contd shall come to their hands all such costs chas and exps which they or either of them shall or may pay bear sustain expend or be put unto in or about or relating to the exon of the sd trusts and powers or orwise by reason or means of these prests And that they, &c. shall not be chargeable for losses, &c. Provided also (covenant to refer disputes to arbitration, see Arbitration) In Witness, &c.

Assignment of Copartnership Debts.

Recital that
AB and CD

carried on
business in

partner

This Indre made, &c. Betn A B of, &c. of the first pt CD of, &c. of the second pt E F of, &c. and G H of, &c. trustees nominated by and on behalf of the sd A B for the purps hnaftr mentd of the third pt Whas the sd A B and C D were lately coptnrs togr as surgeons, &c. which coptnshp hath some time since been dissolved And on the investigation and settlement of the coptnshp accts it hath been agrd that the debts due and owing from them as coptnrs shd be pd and discharged by the sd A B and of the debts due and owing to them those marked Apportionwith the letter D in the schedule hereunto annexed debts. shall be pd or accounted for to the sd CD for his own separate bent and the residue of such debts so due and owing to them shall be assigned and transferred to the

ship.

ment of

of debts to

trustees on behalf of

A B.

sd E F and G H for the bent of the sd A B Now, &c. Testatum. in conson of 5s, &c. each to the sd A B and C D in hand, &c. by the sd E F and G H the rect whof is hby ackngd They the sd A B and C D Have and each of Assignment them Hath granted bargained sold assigned transferred and set over and by, &c. Doth grant, &c. unto the sd EF and G H their exs ads and ass All and evy the outstanding debts and sums of money due and owing to them the sd A B and C D from any psn or psns whomsr for or on acct of or in respect of their late coptnshp (save and except such debts as have been agrd shall be pd or accounted for to the sd C D on his separate acct and a list whof is now left with the sd EF and G H) And all the este, &c. of the sd A B and CD and each of them Togr with all and singr the bks of accts relating thereto And all powers and re

Power of attorney.

Assign- medies for enforcing and compelling paymt thof To ment of Have, &c. the sd debts and sums of money and the Debts. preses hby assigned or intended so to be unto the sd Habendum. E F and G H their, &c. Upon Trust nevss and to the intent that they the sd E F and GH their, &c. shall and may with all convenient speed collect call in recover and rece and use their best endeavours to convert into money all and evy such outstanding debts and sum and sums of money due and owing to the sd A B and C D on their sd late coptnshp as afd and to pay and dispose of all mos arising therefrom after deducting all exps attending the recovy and rect thof and exting the trusts and powers hby reposed in them In the first place in discharging all debts and sums of money due and owing by the sd A B and C D jtly as coptnrs as afd to any psn or psns whomsr and all int costs and exps (if any) attending the same and after paymt and satisfaction thof Then upon trust to pay over the clear residue and surplus (if any) unto the sd A B his exs ads or ass for his and their own use and bent or as he and they shall direct And for the purps afd they the sd A B and C D Have and each of them Hath made constituted and appted the sd E F and G H their exs, &c. their and each of their true and lful atties for them and each of them and in their jt names and in the name of the survor of them his exs ads or ass but upon the trusts and for the purps afd to ask, &c. (see Gen. Precedent) and generally to take and use all Iful ways and means whatsr for effecting the purps afd as fully as the sd A B and C D or either of them their or either of their exs ads or ass could or might have done if the sd coptnshp had not been dissolved or these prests made And the sd A B and C D for themselves and each of them for himself their and his hrs exs ads and ass doth hby covt jtly and severally with and to the sd E F and G H their, &c. that neither of them the sd A B and C D their, &c. shall or will revoke or annul the power of atty and the authties hby given or rece, &c. (see Gen. Precedent) or interfere with the exon of the trusts hby reposed in them nor disannul disavow, &c. but on the contrary shall and will assist the sd E F and GH to the utmost of their power in giving evy necessy information as to the business done the charging and making out of the bills or accts due and owing to them whenr reasonably required so to do so as in the doing thof the sd A B and C D shall not be compelled or compellable to go or travel from his or their usual place of Covenant to abode And the sd A B doth hby for himself, &c. covt, indemnify &c. that he the sd A B (covt to discharge debts, &c. see

Covenant

from A B and C D that they will not revoke, &c.

C D.

ment of

Debts.

Release from C D.

Gen. Precedent) and indemnify, &c. And the sd C D in Assignconson of the preses Hath remised released and for ever quitted claim and by, &c. Doth, &c. unto the sd A B his, &c. all and all manner of accts reckonings dealings and transactions action or actions suit or suits cause or causes of actions claims or demands whatsr which he the sd C D his exs, &c. now hath or ever had or can or shall or may have claim or challenge for or in respect of the late coptnshp or for or in respect of any act deed matter or thing whatsr from the date or commencement of the late coptnshp or prior to the date of these prests Provided always and it is hby expssly understood by the pties to these prests that nothing herein contd shall subject the sd C D to any demands costs or chas for preparing or exting these prests or any former instruments or writings since the dissolution of the sd coptnshp or the exon of the trusts thof resply but that the same shall be wholly and exclusively borne pd and discharged by the sd A B his, &c. In Witness, &c.

Agreement between two Partners to divide and mutually assign Outstanding Debts to each other.

CD not to bear the expense of this assignment.

Articles of Agreement made, &c. Betn A B of, &c. of the one pt and CD of, &c. of the or. pt Whas (recite copartnership) And whas sevl debts are due and owing to the sd pties on acct of the sd coptnshp which are mentd in the schedules hereunder written and they have agrd to divide them betn them in manner following Now these Presents witness that in conson of the assignment hnaftr made by the sd C D he the sd A B doth by fully and absolutely rele and assign unto the sd C D his exs and ads and to his and their own proper use and behoof all the right title int pt share bent and demand whatsr of him the sd A B of in and to the sevl debts and sums of money due and owing unto the sd pties on their jt acct mentd in the first schedule here under-written with full power and authty in his name or orwise to demand sue for recover and rece the same And upon rect of the same or any pt thof to give acquittances and discharges and to make, &c. all such or. acts, &c. as shall or may be necessy for recovering and receiving of the same And these presents furr witness That in conson of the preses he the sd CD (assignment of debts to A B in the second schedule) And each of them the sd A B and C D for Covenants himself, &c. doth hby covt, &c. with, &c. the or. of from A B them that neither of them hath heretofore recd reld or

and CD.

Bonds.

discharged the debts hnbefe assd to the or. of them nor any of them nor any pt thof and that either of them the sd A B or C D shall not nor will rece rele or discharge the sd debts resply assd or any of them or any pt thof And that they the sd A B and C D shall and will at the request costs and chas of the or. of them make do, &c. acts, &c. for enabling the or. of them his Repayment exs or ads to recover and receive the debts hby resply assd to his and their use and behoof And in case it shall appear that either of them the sd A B or C D shall have recd any of the debts assd to the or. of them such of the sd pties as shall have so recd the same his exs or ads shall and will pay and make good the full amount of the debts so by him recd and discharged to the or. of them within one calr mth after notice thof to him or them to be made requiring the same In Witness, &c.

of debts

already received.

Obligation.

Bond from a continuing to a retiring Partner.

Know all Men, &c. (as to the form of bonds, see Recital of Bonds) Whas the above-bounden (continuing partner) partnership. and the above-named (retiring partner) have for some time carried on the trade or business of in copartAgreement nership And whas it hath been agrd that the sd coptnshp for dissolu- should henceforth cease and determine and that the sd

tion.

Assignment

Condition.

(RP) should assign unto the sd (CP) all his share and int in the coptnshp for the sum of £-to be pd by instalments in manner following that is to say one fourth, &c. and that the paymt of the sevl sums should be secured by four bills of exchange and also by the bond of the sd (CP) with a condon as here underwritten And whas by an indre bearing even date herewith and made betn the sevl pties hereto the sd (R P') hath duly assd all his share in the sd coptnshp unto the sd (C P)

Now the condition of the above-written bond or obligation is such That if the above-bounden (C P) his hrs exs or ads do and shall well and truly pay or cause to be pd all and evy the sd bills of exchange so accepted by him the sd (C P) in favour of the s (RP) his exs ads or ass as and when the same resply shall become paye And also do and shall well and effectually indemnify protect and save harmless the sd (R P) his exs and ads of and from all debts and sums of money now due or growing due from the sd (RP and CP) or either of them or which shall or may at any time hraftr be or become due from them the sd (R P and Ci) their exs, &c. for or on acct of the sd coptnshp or jt trade And also do and shall well and truly observe

« ZurückWeiter »