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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2764   View pdf image (33K)
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2764 ARTICLE 73A

"Bankrupt" includes bankrupt under the Federal Bankruptcy Act or
insolvent under any state insolvent act.

"Conveyance" includes every assignment, lease, mortgage, or encum-
brance.

"Real property" includes land and any interest or estate in land.
Cited but not construed in McLane v. State Tax Commn., 156 Md. 145.

An. Code, 1924, sec. 3. 1912, sec. 3. 1916, ch. 175, sec. 3.

3. (Interpretation of Knowledge and Notice.) (1) A person has
"knowledge" of a fact within the meaning of this article not only when
he has actual knowledge thereof, but also when he has knowledge of such
other facts as in the circumstances shows bad faith.

(2) A person has "notice" of a fact within the meaning of this article
when the person who claims the benefit of the notice

(a) States the fact to such person, or

(b) Delivers through the mail, or by other means of communication,
a written statement of the fact to such person or to a proper person at
his place of business or residence.

An. Code, 1924, sec. 4. 1912, sec. 4. 1916, ch. 175, sec. 4.

4. (Rules of Construction.) (1) The rule that statutes in deroga-
tion of the common law are to be strictly construed shall have no appli-
cation to this article.

(2) The law of estoppel shall apply under this article.

(3) The law of agency shall apply under this article.

(4) This article shall be so interpreted and construed as to effect its
general purpose to make uniform the law of those states which enact it.

(5) This article shall not be construed so as to impair the obligations

of any contract existing when the article goes into effect, nor to affect any

action or proceedings begun or right accrued before this article takes effect.

While ordinarily a partnership is dissolved by death of a partner, partners may by

their contract provide otherwise. See notes to sec. 7. Gerding v. Baier, 143 Md. 525.

An. Code, 1924, sec. 5. 1912, sec. 5. 1916, ch. 175, sec. 5.

5. (Rules for Cases not Provided for in this Article.) In any case
not provided for in this article the rules of law and equity, including the
law merchant, shall govern.

PART II..
Nature of a Partnership.

An. Code, 1924, sec. 6. 1912, sec. 6. 1916, ch. 175, sec. 6.

6. (Partnership Defined.) (1) A partnership is an association of two
or more persons to carry on as co-owners a business for profit.

(2) But any association formed under any other statute of this State,
or any statute adopted by authority, other than the authority of this State,
is not a partnership under this article, unless such association would have
been a partnership in this State prior to the adoption of this article; but
this article shall apply to limite'd partnerships except in so far as the
statutes relating to such partnerships are inconsistent herewith.

Cited in Ottaviano v. Lorenzo, 169 Md. 61.

See notes to sec. 7.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2764   View pdf image (33K)
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