W0192 ARTICLES OF COPARTNERSHIP BETWEEN ARUNAL HUNTINGTON AND P.H. VAN BROCKLIN.
Mar 1 1841
This indenture made the First day of March in the Year of Our Lord one thousand eight hundred and forty one, by and between Arunal Huntington of the Town of Brantford in the County of Wentworth in the District of Gore and Province of Canada, and Philip Cady Van Brocklin of the said Town of Brantford, Witnefseth: [sic].
That the said Arunal Huntington and Philip Cady Van Brocklin have agreed to enter into a Co-partnership and become Copartners and they do hereby become Copartners, and a firm in the General Foundry businefs [sic] for the making of all kinds of Castings, Ploughs and machines of various descriptions, and all other things connected with the businefs [sic] of Founders, and the terms and conditions on which this Copartnership is formed are as follows:
The transactions of this Copartnership shall be at such place as the Partners may at any time agree upon, and for the time being, in the Town of Brantford.
The name of the firm shall be PC Van Brocklin & Co. and this Copartnership shall continue for the Term of Five Years.
The said Copartners have each of them contributed and advanced the following sums, Viz the said Arunal Huntington the sum of Five hundred Pounds of Lawful money of the said Province in Cash, and the said Philip Cady Van Brocklin the sum of Five hundred and fifty two Pounds Eleven shillings and nine pence of like Lawful Money in Stock, according to the annual Inventory being considered as equal to Five hundred Pounds in Cash which said sums shall constitute the capital stock of the firm.
The special superintendence of the affairs of said Copartnership shall be under the management of the said P.C. Van Brocklin or any other person who may hereafter be appointed by the said Patners as manager or agent, and the said Manager or Agent shall give a Bond in the Penal sum of Five hundred pounds for the faithful discharge of the duties and trust reposed in him.
And the said P.C. Van Brocklin shall receive at the rate of Five Shillings of Lawful money as aforesaid for each day that he shall devote to the businefs [sic] of said Copartnership during the time that the Management devolves upon him.
And the said manager shall on behalf of the said Copartners purchase all necefsary [sic] books, among which shall be a Day Book and Ledger, a Bill Book and a Cash Book which shall from time to time and at all times when required be submitted to the said Copartners, or either of them for their inspection, which said Books shall contain a full and true account of all the affairs of said Copartnership; and the said manager shall not contract debts in the name of the firm to over the sum of Two hundred and fifty pounds at the extent of the liability as anytime- Neither shall be put the name of the Firm to any Note, Bond or Covenant without the consent of both Parties.
And an Inventory of all stock, debts and affairs of the said Copartnership to be taken in the month of February in each year, and oftener if desired by either party, and the profits to be taken out or left in the Concern as agreed at the time, and provided that if it shall happen to either of them to die during the said term of their Copartnership, that yet not withstanding the survivor shall only be entitled to one half of the Profits of said stock, and the heirs executors administrators of the deceased Partner to the other until the end of said Copartnership.
And it is further agreed that at the expiration of said term each partner shall take out of the concern the amount of his capital stock in the same kind of property as originally put in; and all the profits of the Copartnership shall be equally divided between the said Copartners as also the rise in value of the Real Estate, and it shall be optional for the said P.C. Van Brocklin at the expiration of said term to give to the said Arunal Huntington the full amount of his stock on the day this Copartnership expires, or to pay him his said full amount in the following manner that is to say, one fifth of said Capital stock belonging to the said Arunal Huntington six months prior to the end of the Copartnership, one fifth three months prior, one fifth on the day of said expiration, one fifth three months thereafter and one fifth six months thereafter, and to the faithful performance of all and singular the provisions herein contained the parties respectively bind themselves and their respective executors and administrations.
In testimony whereof they have hereunto set their hands and sent the day and year first above written.
Signed sealed & delivered, in presence of:
The words "person" which "not" and "happen" being first interlined
P.C. Van Brocklin
N.B. That part of the above articles of agreement which refer to the not putting the name of the firm to any Bond or covenant without the consent of both parties is only intended to apply to lending the Company's name to any Bond or paper not directly belonging to the transactions of said Copartnership, but the name of the Company may be used for any purpose within the legitimate scope of the businefs [sic] and within the said sum of Two hundred and fifty pounds
A. Huntington [Signatures]
Articles of Co-partnership
And Philip Cady Van Brocklin