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Session Laws, 1916
Volume 534, Page 319   View pdf image (33K)
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EMERSON C. HARRINGTON, GOVERNOR. 319

separate debts, either before or after the termination of any
specified term or particular undertaking,

(d) By the expulsion of any partner from the business
bona fide in accordance with such a power conferred by the
agreement between the partners;

(2) In contravention of the agreement between the part-
ners, where the circumstances do not permit a dissolution
under any other provision of this section, by the express will
of any partner at any time;

(3) By any event which makes it unlawful for the busi-
ness of the partnership to be carried on or for the members to
carry it on in partnership;

(4) By the death of any partner;

(5) By the bankruptcy of any partner or the partnership;

(6) By decree of court under section 32.

SEC. 32. (Dissolution by Decree of Court. ) (1) On ap-
plication by or for a partner the court shall decree a dissolution
whenever:

(a) A partner has been declared a lunatic in any judicial
proceeding or is shown to be of unsound mind,

(b) A partner becomes in any other way incapable of per-
forming his part of the partnership contract,

(c) A partner has been guilty of such conduct as tends to
affect prejudicially the carrying on of the business,

(d) A partner wilfully or persistently commits a breach
of the partnership agreement, or otherwise so conducts himself
in matters relating to the partnership business that it is not
reasonably practicable to carry on the business in partnership
with him,

(e) The business of the partnership can only be carried
on at a loss,

(f) Other circumstances render a dissolution equitable.
(2) On the application of the purchaser of a partner's in-
terest under sections 28 or 29:

(a) After the termination of the specified term or partic-
ular undertaking,

(b) At any time if the partnership was a partnership at
will when the interest was assigned or when the charging order
was issued.

33. (General Effect of Dissolution on Authority of
Partner. ) Except so far as may be necessary to wind up part-
nership affairs or to complete transactions begun but not then

 

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Session Laws, 1916
Volume 534, Page 319   View pdf image (33K)
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