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544 PARTNERSHIP. [ART. LXXIIIA
(a) Where the partnership is dissolved because it is unlawful to
carry on the business, unless the act is appropriate for winding up part-
nership affairs; or
(b) Where the partner has become bankrupt; or
(c) Where the partner has no authority to wind up partnership
affairs, except by a transaction with one who
I. Had extended credit to the partnership prior to dissolution and
had no knowledge or notice of his want of authority; or
II. Had not extended credit to the partnership prior to dissolution,
and, having no knowledge or notice of his want of authority, the fact
of his want of authority has not been advertised in the manner provided
for advertising the fact of dissolution in paragraph (1bII).
(4) Nothing in this section shall affect the liability under section 16
of any person who after dissolution represents himself or consents to
another representing him as a partner in a partnership engaged in
carrying on business.
1916, ch. 175, sec. 36.
36. (EFFECT OF DISSOLUTION ON PARTNER'S EXISTING LIABILITY.)
(1) The dissolution of the partnership does not of itself discharge the
existing liability of any partner.
(2) A partner is discharged from any existing liability upon dissolu-
tion of the partnership by an agreement to that effect between himself,
the partnership creditor and the person or partnership continuing the
business; and such agreement may be inferred from the course of deal-
ing between the creditor having knowledge of the dissolution and the
person or partnership continuing the business.
(3) Where a person agrees to assume the existing obligations of a
dissolved partnership, the partners whose obligations have been assumed
shall be discharged from any liability to any creditor of the partnership
who, knowing of the agreement, consents to a material alteration in the
nature or time of payment of such obligations.
(4) The individual property of a deceased partner shall be liable for
all obligations of the partnership incurred while he was a partner but
subject to the prior payment of his separate debts.
1916, sec. 175, sec. 37.
37. (RIGHT TO WIND UP.") Unless otherwise agreed the partners
who have not wrongfully dissolved the partnership or the legal repre-
sentative of the last surviving partner, not bankrupt, has the right to
wind up the partnership affairs; provided, however, that any partner,
his legal representative, or his assignee, upon cause shown, may obtain
winding up by the court.
1916, ch 175, sec. 38.
38. (RIGHTS OF PARTNERS TO APPLICATION OF PARTNERSHIP
PROPERTY.) (1) When dissolution is caused in any way, except in
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