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The Maryland Code Public General Laws, 1904
Volume 393, Page 1617   View pdf image (33K)
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ART. 73] PREFERENCES—INSOLVENCY—SUITS. 1617

1888, art 73, sec. 16. 1860, art. 72, sec. 16. 1836, ch. 97, sec. 16.

16. Every such sale, assignment or transfer of any of the
property of a general or special partner made by such general
or special partner when insolvent, or in contemplation of
insolvency, or after or in contemplation of the insolvency of
the partnership, with intent of giving to any creditor of his
own or of the partnership a preference over the creditors of
the partnership, and every judgment confessed or lien created
or security given by any such partner under like circumstances
and with the like intent shall be void as against the creditors
of the partnership.

Lineweaver v. Slagle, 64 Md. 465.

Ibid. sec. 17. 1860, art. 72, sec. 17. 1836, ch. 97, sec. 17.

17. Every special partner who shall violate, any of the pro-
visions of the two preceding sections or who shall concur in
or assent to any such violation by the partnership or by any
individual partner shall be liable as a general partner.
Ibid.

Ibid, sec 18 1860, art. 72, sec 18. 1836, ch. 97, sec 18

18. In case of the insolvency or bankruptcy of the partner-
ship no special partner shall under any circumstances be allowed
to claim as a creditor until all the claims of all the other creditors
of the partnership shall be satisfied.

Ibid.

Ibid. sec. 19. 1860, art. 72, sec. 19. 1836, ch. 97, sec. 19.
1849, ch. 347, sec. 1.

19. All suits respecting the business of the partnership
shall be brought by and against the general partners only,
except in those cases in which provision is hereinbefore made
that special partners shall be deemed general partners and
special partnerships general partnerships, when all persons so
becoming general partners may be joined with those originally
general partners in any suit brought against such partnership,
and except also the case provided for in section 11.

Ibid. sec. 20. 1860, art. 72, sec. 20. 1836, ch. 97, sec. 20

20. If in any case a suit shall be brought against general
and special partners and at the trial of the cause it shall appear
that the special partners or any of them are not liable to the
suit of the plaintiff the court may proceed to judgment or
decree against the partners who may appear to be liable in the


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1617   View pdf image (33K)
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