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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2771   View pdf image (33K)
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PARTNERSHIP 2771

Where two persons owned truck, as partners, a creditor of one partner cannot attach
his interest to satisfy the debt. Townsend v. Appel Sons, Inc., 164 Md. 255.

This section referred to in construing art. 45, sec. 5. David v. David, 161 Md. 537.

Cited but not construed in McLane v. State Tax Commn., 156 Md. 145; Ottaviano v.
Lorenzo, 169 Md. 62.

Right and obligation of wife as surviving partner of co-partnership of husband and
wife to wind up partnership affairs. Noel v. Noel, 173 Md. 160.

An. Code, 1924, sec. 26. 1912, sec. 26. 1916, ch. 175, sec. 26.

26. (Nature of Partner's Interest in the Partnership.) A partner's
interest in the partnership is his share of the profits and surplus, and the
same is personal property.

Cited but not construed in McLane v. State Tax Commn., 156 Md. 145.

An. Code, 1924, sec. 27. 1912, sec. 27. 1916, ch. 175, sec. 27.

27. (Assignment of Partner's Interest.) (1) A conveyance by a
partner of his interest in the partnership does not of itself dissolve the
partnership, nor, as against the other partners in the absence of agreement,
entitle the assignee, during the continuance of the partnership, to inter-
fere in the management or administration of the partnership business or
affairs, or to require any information or account of partnership transac-
tions, or to inspect the partnership books; but it merely entitles the assignee
to receive in accordance with his contract the profits to which the assign-
ing partner would otherwise be entitled.

(2) In case of a dissolution of the partnership, the assignee is entitled
to receive his assignor's interest and may require an account from the
date only of the last account agreed to by all the partners.

An. Code, 1924, sec. 28. 1912, sec. 28. 1916, ch. 175, sec. 28.

28. (Partner's Interest Subject to Charging Order.) (1) On due
application to a competent court of any judgment creditor of a partner,
the court which entered the judgment, order or decree, or any other court,
may charge the interest of the debtor partner with payment of the un-
satisfied amount of such judgment debt with interest thereon; and may
then or later appoint a receiver of his share of the profits, and of any
other money due or to fall due to him in respect of the partnership, and
make all other orders, directions, accounts and inquiries which the debtor
partner might have made, or which the circumstances of the case may
require.

(2) The interest charged may be redeemed at any time before fore-
closure or in case of a sale being directed by the court may be purchased
without thereby causing a dissolution:

(a) With separate property, by any one or more of the partners, or

(b) With partnership property, by any one or more of the partners
with the consent of all the partners whose interests are not so charged or
sold.

(3) Nothing in this article shall be held to deprive a partner of his
right, if any, under the exemption laws, as regards his interest in the
partnership.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2771   View pdf image (33K)
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