Proceeds

“ Justice Story defined 'good will' to be 'the advantage or benefit which is acquired by an establishment, beyond the mere value of the capital, stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers on account of its local position, or common celebrity, or reputation for skill or affluence or punctuality, or from other accidental circumstances or necessity, or even from ancient partialities or prejudices.' Story, Partn. ”

“ As a noun used instead of recommendation, this word is a colloquialism the use of which should be discouraged.
recourse, resource: Two words often confounded. Recourse means a resort to, as for help or protection; the adoption of a means to an end. A resource is that which one resorts to, as in case of need; the source of aid or support; an expedient. In the plural, resources are one’s means, funds, or property of any kind, as distinguished from one’s liabilities. ”

“ An act is accomplished by an exercise of power, whereas an action is the fact of exerting such power and refers to the modus operandi. A party to a conveyance signifies his exercise of power by the formula “This is my act and deed,” but the course pursued, the procedure—the fact of sale and purchase—may be referred to as a wise action. ”

“ Relation of Accountancy to Law.—The determination of the rights of the several parties to the creation, exchange, and ultimate consumption of a product is the field of Law, more particularly Business Law. ”

“ They include detailed findings with respect to the services rendered by appellant and its rates, the used and useful character of appellant's property, the valuation of used and useful land, the value of appellant's structures on the basis of cost of reproduction new less depreciation, working capital, going concern value, fair value on the basis of the facts found, fair rate of return, reasonable operating expenses (including repairs, depreciation and taxes) , necessary revenue, and volume of business. ”

“ Outside operators having capital, experience, and knowledge of the general conditions of business. Testimony is clear as to the result which, in the long run, attends their operations; commissions and interest charges constitute a factor always working against them. ”

“ But the very last time I attended their meeting they were guilty of a transaction still more mean and more dastardly than the one I have above described, and which I shall record in its proper place, when that period of my history arrives. I think, however, that what I have stated above will give my readers a pretty fair specimen of the character of that society, and it will be a warning to the public how they place any reliance upon their proceedings. ”

“ Property that I have paid for—my associates and I—and which I control, or did control, in conjunction with the other owners, and propose to control to suit myself and them so long as we have the controlling interest, every socialistic writer, speaker and striker to the contrary notwithstanding. ”

“ It enters into their every transaction in life, from the smallest to the greatest. Whether it is in relating an experience in the hunting-field, in selling a horse, a wagon or a farm, in giving evidence in a court of law, or in an affair of state, it is always present, and always glaringly obvious to the outsider. ”

“ If he "treats every one in that way who will not worship the Great Image," he leaves me in the best of Company—Company, which he may at another Time, find it his own Interest, if that governs him, to court & respect. ”

“ I. First then, a deed is a writing sealed and delivered by the parties [1] . It is sometimes called a charter, carta, from it's materials; but most usually, when applied to the transactions of private subjects, it is called a deed, in Latin factum, κατ' εξοχην, because it is the most solemn and authentic act that a man can possibly perform, with relation to the disposal of his property; and therefore a man shall always be estopped by his own deed, or not permitted to aver or prove any thing in contradiction to what he has once so solemnly and deliberately avowed [2] . ”

“ The court, the city, the park, and exchange, are to those men of unbounded observation equally familiar, and they are alike ready to tell the hour at which stocks will rise, or the ministry be changed. ”

“ Although it is my will that complete justice be observed in each case, I charge you that, in so far as may be possible, and can be rightly done, you settle the differences and suits which arise, without having recourse to the technicalities of the law or proceeding by the ordinary methods, or condemning to pecuniary fines; but observing throughout the provisions of the decrees that shall be given you. ”

“ For instance, you open a shop—not for the purpose of doing business, but for doing some unfortunate flat, in the very spirit of a "Good-will;" so that when your business is done, your client may find his business done too, and when you have taken yourself off, he may find himself taken in. ”

“ My Lords have therefore directed me to communicate to you the views they entertain upon this subject; and to apprize you that they will be prepared to act in conformity with their arrangement, upon learning from you that you are ready to proceed with the Work upon the principles above laid down, and upon receiving from you a statement of the manner in which you think the Work should be published, and the plates engraved, so as most effectually to accomplish the object my Lords have in view, in sanctioning the payment from the Public Funds, in aid of the expenses of the Work in question. ”

“ It will be seen that the subject-matter is general in character, and this monograph has been favorably received by the legal profession and the legal and financial journals of the United States.
“No doubt most of my audience will regard my subject a lifeless, if not a commonplace one. Yet it is of daily and vital importance to bankers and business men generally, and it is to be regretted that there exist so many inaccurate impressions regarding wills. ”

“ Witnesses are often brought separately into court, in order that no one may be influenced by the testimony of another. If a company of laborers demand a dollar apiece, that is a demand that each shall receive that sum; if they individually demand a dollar, each individual makes the demand. ”

“ As already stated, our terms are cash, not thirty days. You owe it to your surety, who has placed confidence in your hon­esty and integrity, and to the firm, who have granted you this special ac­commodation, and to yourself, as you are certainly interested in your own credit, to demonstrate that this confidence has not been misplaced. A habit of meeting business obligations promptly and before they are due is the very best business habit anyone can form. ”

“ Such things are done by men in higher walks, you know. Quite a common affair in these parts. The Judge has carried off your property; make a fair exchange—you can use his name, get money with it, and make it hold fast the woman you love. ”

“ And we consider, and wish to consider, and firmly promise that we always will consider satisfactory and valid any thing done, transacted or accomplished, or in any way ordained, in the aforesaid matters or in any one of them, by our aforesaid procurators or envoys, or their substitutes, or by those whom the latter shall substitute. ”

“ It is instructive to observe the cases in which it has been supposed that it ought to exist, and the cases in which it has been supposed that it might be omitted. The cases in which it has been thought necessary, are those which concern property of considerable value. ”

“ In recent years there is evident in the decisions of our higher courts and of our many excellent governmental commissions and bureaus a real appreciation of some of the technical points involved in profits determination. It is believed that a body of authoritative decisions will in time and perhaps soon reflect the best opinion of the business men of the country. ”

“ I do not mean that the transaction of public business has esoteric mysteries, only to be understood by the initiated. Its principles are all intelligible to any person of good sense, who has in his mind a true picture of the circumstances and conditions to be dealt with ”

“ A precise, old-fashioned solicitor's ledger would form a capital volume for the study of human nature: the characters of his clients, their whims, their frailties and their sins, are accurately unfolded in its pages ”

“ What that degree of perfection above other tables of the same kind may be, is a matter, not of opinion and taste, in which many might vary, but of accuracy and usefulness, with respect to which most will agree. The approbation they meet with will, therefore, depend upon the experience of those for whom they were principally designed, the proprietors of the publick funds, and the brokers who transact the business of the funds, to whose patronage they are cheerfully committed. ”

“ It is further agreed that once every year, or oftener, should either party desire, a-full, just and accurate exhibit shall-be made to-each other, or to their executors, administrators or representatives, of-the loses, receipts, profits and increase made by reason of, or arising from, such copartnership. ”

“ Does the transaction accomplish a significant increase in the power of one over the other, for example, an increased voice in management or operation, or the ability to accomplish financial transactions or operational changes with greater legal ease? ”

“ In dealing, therefore, with many of the men who have used the methods condemned by the statute for the purpose of maintaining a profitable business, we may well facilitate a change by them in the method of doing business. ”

“ The inference that the word buy, used to describe the procuring of servants, means procuring them as chattels, seems based upon the fallacy, that whatever costs money is money; that whatever or whoever you pay money for, is an article of property, and the fact of your paying for it proves it property. ”

“ If two men contend for the possession of one benefice, and one of them produces the man who invested him with that benefice, his testimony, if the investor acknowledge having given the investiture, shall be received first by the count; and if the man can prove by suitable witnesses that he obtained this same benefice without plunder, the occasion for controversy being removed, he shall hold it ”

“ In this court matters of importance only are discussed; as, for instance, the advance of prices, the abrogation of old laws, and the making of new ones, under the operation of which, it sometimes happens that both men and masters, as well as the law of the land, are alike the victims. ”

“ Q. And that being so, can you tell the commission what in your opinion would have happened had there been in existence a system under which three years, say, after date of publication any one could have reprinted your books, paying you a royalty of ten per cent.?
A. The result would have been that my losses would not have been repaid now. After twenty-six years' work I should still have been out of pocket; and should be out of pocket for many years to come. ”

“ A due execution of said Law, your petitioners Conceive, will be productive of many real and very essential advantages to the said corporation; by encouraging the peopling of it and increasing its Trade and Navigation. ”

“ Where a party has knowledge of the facts, he has notice of the legal consequences resulting from those facts. The Ploughboy, 1 Gall., 41.
It affects the conscience of the party. Smith v. Shane & Morgan, 1 McLean, 27. Notice of such facts as with ordinary diligence will lead to a knowledge of an outstanding equity, is sufficient. ”

“ There is a business—a piece of sinful, worldly business—I would inquire of, a boon I would ask, and ere I went to the transaction thereof, I held it sapient to call upon you who will be so strong to bind or loose—so potent, as one might say, in the coming dispensation of preferments. ”

“ But, in closing, as we have been much on the topic of good government, both of ourselves and others, let me just give you one more illustration of what it means, from that old art of which, next evening, I shall try to convince you that the value, both moral and mercantile, is greater than we usually suppose. ”

“ Do not entertain so weak an imagination as that your registers and your bonds, your affidavits and your sufferances, your cockets and your clearances, are what form the great securities of your commerce. ”

“ Thus, a 'gift enterprise' has been defined to be 'a scheme for the division or distribution of certain articles of property, to be determined by chance, amongst those who have taken shares in the scheme.' Bouvier's Law Dict. ”

“ The interests of all persons shall be regarded as having been effectively dealt with by any order, direction, decision, or instruction dealing with property in which they may be interested, whether or not such interests are specifically mentioned in the order, direction, decision, or instruction. No question shall be raised as to the regularity of a transfer of any property, rights, or interests dealt with in pursuance of any such order, direction, decision, or instruction. ”

“ Being in receipt of the full product of your labor, you will have plenty of money, and will be surrounded by other free and independent individuals, also receiving the full product of their labor, and accustomed to combining for the expression of their ideas. ”

“ When the inquiry is into the nature and character of a certain transaction, not only what was done, says Mr. Roscoe, but also what was said by those present, during the continuance of the transaction, is admissible for the purpose of illustrating its peculiar character and circumstances. ”