Reviewed case brief
Cox v Hickman
(1860) 8 HLC 268
Creditors of a business agreed to a deed assigning the business to trustees who would carry it on and distribute profits among the creditors until debts were paid. The House of Lords held that the creditors were not partners merely because they shared profits. The true test of partnership is mutual
- Court
- House of Lords
- Year
- 1860
- Subjects
- Company Law
- Reviewed
- 2026-06-30
Rule established
Sharing of profits is not conclusive evidence of partnership; the true test is whether there is mutual agency between the parties
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
House of Lords
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.