The Gardeners' chronicle : a weekly illustrated journal of horticulture and allied subjects . their property. Thisbrings us to the present time and to the actionjust tried. Some time since, as we mentioned atthe time, the Commissioners endeavoured toeject the Society for non-compliance with the unless they were compensated by the Commis-sioners, whose moral, if not legal responsibilityto the holders of the bonds is obvious. TheCommissioners, however, made no sign. This question of the debenture-holders andtheir rights raises the question as to whetherthe relation between the Commissioners andt
The Gardeners' chronicle : a weekly illustrated journal of horticulture and allied subjects . their property. Thisbrings us to the present time and to the actionjust tried. Some time since, as we mentioned atthe time, the Commissioners endeavoured toeject the Society for non-compliance with the unless they were compensated by the Commis-sioners, whose moral, if not legal responsibilityto the holders of the bonds is obvious. TheCommissioners, however, made no sign. This question of the debenture-holders andtheir rights raises the question as to whetherthe relation between the Commissioners andthe Society was one of co-partnership or own view of the case has all along been took place some years ago, that the Commis-sioners and the Society were partners ? TheSecretary of the Society and the Secretary tothe Commissioners were, moreover, at one lime,and for several years, one and the same personand there must be many who at various annualmeetings heard him express the view we havementioned. Of course no legal validity couldbe attributed to such utterances, but it is suffi-. Fic. 143.—MR, bulls odontoglossum house, (see r. 794.) terms of the agreement. This was resisted bythe Society, and hence the present action. TheSociety has, however, complied with the agree-ments, or where it has failed to do so the failurerests as much, if not more, with the Com-missioners than with the Society. Further, theSociety resisted the attempt on the part of theCommissioners to eject them, from the feelingthat, by assenting to such a course, they wouldendanger the rights of the debenture-holders,whose security would be practically annihilated that the Coinmissioners were co-partners withthe Society, and we have steadily maintainedthat view. It is not for us to e.\press anylegal opinion on such a question, but onmoral grounds we have supported the part-nership theory on the grounds that if there wereno partnership why was the lease grantedon such exceptionally favourable terms iBes
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