Chambers's Edinburgh Journal, No. 426 - Volume 17, New Series, February 28, 1852 by Various
page 44 of 70 (62%)
page 44 of 70 (62%)
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those companies, as a matter of course, come to the legislature and
ask for, and obtain, limited liability. They are commercial companies, and one cannot trace the reason why they should have limited liability a bit more than any other company--but it is so.' Here we have at least a precedent, which is of importance in a country like this, so truly conservative in the sense of adhering to anything that is fixed law or matter of traditional business routine. Now, in these concerns, where there is often so much wild speculation and mismanagement, no one is responsible beyond the subscribed stock; yet while we hear enough of the stockholders themselves losing their property, we seldom, scarcely ever, hear of the creditors who deal with them, in contracting for their works or otherwise, losing. The reason is, because the extent to which they can pay is known, and the people who deal with the company calculate accordingly. Unlimited liability existing in some indefinite parties, while it too often ruins these parties themselves, is a bait for that indefinite credit which produces their ruin, and sometimes leaves the careless creditor unpaid, even when he has taken the last farthing from the unfortunate partner. In the commandite partnerships, however, the restriction of liability does not apply to all the shareholders, as in the case of our great joint-stock companies. Full responsibility alights only on those partners who take it upon them, who have an interest in the profits measured by their responsibility, and who are known to the world to be so responsible. With regard to those whose responsibility is said to be limited, it would be more accurate to say, that they have no responsibility at all: there is a fixed sum which they have invested in the concern--they may lose it, but it is there already; and there |
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