Home >> Cyclopedia-of-law-vol-4 >> Acceptance Necessary To Complete to Partners Ex Emption >> Common Form of Bond

Common Form of Bond


COMMON FORM OF BOND. Know all men by these presents that I, John Doe, cf Conneaut, Ohio, am held and bound unto Richard Roe,of Cleveland, Ohio, in the sum of one hundred dol lars, lawful money of the United States, to be paid to the said Richard Roe, his attorney, executors, adminis trators, or assigns; to which payment well and truly to be made, I do bind myself, my heirs, executors, and ad ministrators, and every one of them, firmly by these presents. Dated, this 1st day of October, A. D. 1899.

The condition of this obligation is such that if the said bounden John Doe, shall well and truly pay the said Richard Roe, his executors, administrators, or as signs, the full sum of fifty dollars, lawful money, with legal interest for the same, on or before three months from the date hereof, without fraud or further delay, then this obligation to be void and of none effect, oth erwise to remain in full force and virtue in law.

John Doe.

This may be sealed and witnessed thus: Signed, sealed and delivered in presence of A. B.

C. D. John Doe (L. S.).

Form of Warranty Deed.

Know all men my these presents, that I, John Doe, a single man, of Conneaut, Ohio, the grantor, for the consideration of one thousand dollars ($i,000.00), re ceived to my full satisfaction of Richard Roe, of the same place, the grantee, do give, grant, bargain, sell and convey unto the said grantee, his heirs and as signs, the following described premises, situated in the Township of Monroe, County of Ashtabula, and State of Ohio, and known as (here give the description of the premises sold by metes and bounds, or by lot number and plat), be the same more or less, but subject to all legal highways.

To have and to hold the above granted and bar gained premises, with the appurtenances thereunto be longing unto the said grantee, his heirs and assigns forever. And I, John Doe, the said grantor, do for my self, and my heirs, executors and administrators, cov enant with the said grantee, his heirs and assigns, that at and until the ensealing of these presents, I am well seized of the above described premises as of a good and indefeasible estate in fee simple, and have good right to bargain and sell the same in manner and form as above written; that the same are free and clear from all incumbrances Whatsoever. (Here except any incumbrance that may exist.) And that I will warrant and defend said premises, with the appurtenances thereunto belonging, to the said grantee, his heirs and assigns forever, against all lawful claims and demands whatsoever.

(If the grantor is married, the wife should be joined as grantor, and s'hould also release her dower as fol lows): And I, the said Mary Roe, wife of said John Doe, do hereby remise, release and forever quit claim unto the grantee, and his heirs and assigns, all my right and title of dower in the above described premises.

In witness whereof we have hereunto set our hands and seals, the tenth day of October, in the year of our Lord, one thousand eight hundred and ninety-nine.

Signed sealed and delivered in presence of John Clark, Peter Hoyt. John Doe (Seal).

The State of Ohio, Ashtabula County, ss.

Before me, a Notary Public in and for said county, personally appeared the above-named John Doe, a sin gle man, who acknowledged that he did sign and seal the foregoing instrument, and that the same is his free act and deed.

In testimony whereof I have hereunto set my hand and official seal at Conneaut, Ohio, this tenth day of October, A. D. 1899. John Clark, (Notarial Seal.) Notary Public.

Partnership Forms.

Articles of Partnership.

This agreement, made this first day of October, A. D. 1899, between John Doe, Richard Roe and James Smith, all of the Village of Conneaut, County of Ash tabula, and State of Ohio, witnesseth: The said parties have agreed, and by these presents do agree, to associate themselves as partners in the business of buying, selling, vending and retailing all sorts of goods, wares and commodities belonging to the business or trade of retail clothiers and furnishers; which said partnership shall continue from the date of this agreement for, during and to the full term of four years next ensuing.

Each of the said partners has this day delivered in, as capital stock, the sum of $1,000.00 in cash, to be laid out and used in common between the parties to this agreement, for the management of the said busi ness to the general advantage.

And it is further agreed between the said parties, that the name of the partnership hereby formed shall be "John Doe & Company." That the said business shall be carried on at Conneaut, Ohio.

That each of the said partners shall during the ex istence of this partnership give his undivided time to the common business, and shall not during its exist ence follow any other trade or calling to his own pri vate benefit.

That all profits, gains and increase which shall be made in the conduct of the said business shall be equally and proportionately divided between them, share and share alike. And all losses that shall arise from the conduct of the business shall be borne equally between the said partners.

It is further agreed that, during the said term, or so long as the joint business shall continue, there shall be kept perfect, just and true books of accounts, in which each partner shall cause to be entered all transactions or dealings affecting the firm business. And the said books shall at all times be accessible to either of the said partners at the place of business of the firm.

That once in each year, or more frequently if a ma jority of the partners shall so decide, a full and com plete inventory of the stock on hand shall be taken, and an accounting shall be had between the said partners, the profits or losses of the business determined, and each partner receive his share of profits, or contribute his share of losses.

And at the end of the said term of four years, or sooner, if the said partnership be terminated by any cause, the said copartners shall render each to the other, or in case of the death of either of them, the sur viving partners to the executor or administrator of the deceased, a true and final account of all partnership affairs, and upon making such account, all the stock and profits which shall remain when the firm debts are paid, shall be equally divided between the said copart ners, their executors or administrators, share and share alike.

In witness whereof, we have hereunto set our hands, the day and years first above written.

John Doe, Richard Roe, James Smith.

Certificate for Limited Partnership.

The undersigned persons being desirous of forming a limited partnership as authorized by the statutes of the State of Ohio, do hereby make and sign the follow ing certificate for that purpose: I. The name or firm under which the said partner ship is to be conducted is "John Doe & Company." 2. The names of all the general and special partners The Articles may also contain stipulations as to the amounts each partner may draw out of the firm monthly for living expenses; limit the authority of the partners in the transaction of firm business; give the surviving partners, or any of them, the right to purchase the interest of a deceased or retiring partner and continue the business; give one partner the authority to manage and conduct the business for the common interest, while the other partners take no active part in it, etc.

are John Doe, Richard Roe, and James Smith, and the place of residence of each of the said persons is Con neaut, Ohio. Of these partners John Doe is the gen eral partner, and Richard Roe and James Smith the special partners.

3. The amount of capital which Richard Roe and James Smith have contributed to the common stock is $1,000 each, in cash.

4. The general nature of the business to be transact ed by said partnership is the buying, selling and vend ing of goods at retail as clothiers and furnishers.

5. The said partnership is to commence on the first day of Octobet, 1899, and to terminate October 1st, 1903.

In witness whereof we have hereunto set our hands and seals this 15th day of July, 1899.

John Doe, Richard Roe, James Smith.

The State of Ohio, Ashtabula County, ss.: Before me, a Notary Public in and for said County, personally appeared the above-named John Doe, Rich ard Roe and James Smith, who acknowledged that they did sign the foregoing certificate for the intents and purposes therein specified.

(Notarial Seal.) John Clark, Notary Public.

This certificate as acknowledged must be entered for rec ord by the recorder of the county in which the principal place of business of the partnership is situated in a book kept for the purpose. Rev. Stat. Ohio, Sec. 3t45. Also in Ohio, the partners must publish, in a local newspaper of general circu lation, for six weeks immediately after it is recorded, a copy of thc certificate, and this must be done in each county where the partnership has a place of business.

In some States an affidavit must also be filed with the cer tificate to the effect that the special partners have actually and in good faith paid in, in cash, the amounts contributed b3 them.

The Partnership as Plaintiff.

When a partnership is plaintiff or defendant, even though the statutes permit suits to be brought in the firm name, it is best to state the names of all the part ners thus: John Doe, Richard Roe and James Smith, partners, doing business under the name and firm of John Doe & Company, plaintiffs (or defendants).

If the suit is by or against a surviving partner, the proper form. would be: John Doe, surviving partner, of Richard Roe and James Smith, late partners, under the name and firm of John Doe & Company.

Dissolution Notice.

Notice is hereby given that the copartnership pre viously existing between John Doc, Richard Roe and James Smith, under the name and firm of John Doe & Company, and doing business at Conneaut, Ohio, has been dissolved by mutual consent from and after this date.

Dated, Conneaut, Ohio, November 1, 1899.

John Doe, Richard Roe, James Smith.

john, doe, business, partners and partnership