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Session Laws, 1836
Volume 537, Page 102   View pdf image
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THOMAS W. VEAZEY, ESQUIRE, GOVERNOR,

18S6.

SEC. 17. And be it enacted, That every, special part-
ner who shall violate any of the provisions of the two
last preceding sections, or who shall concur in or as-
sent to any such violation by the partnership or by
any individual partner, shall be liable as a general
partner.

CHAP. 97.

ing 15th and

SEC. 1.8. And be it enacted, That in case of the in-
solvency or bankruptcy of the partnership, no special
partner shall under any circumstances be allowed to
claim as a creditor until the claims of all the other
creditors of the partnership shall be satisfied.

Cose of Insol-
vency

SEC. 19. And be it enacted, That all suits rsspect-
ing the business of such partnership, shall be brought
and prosecuted by and against the general partners
only, excepting in those cases in which provision is
herein before made, that special shall be deemed gen-
eral partners, and special partnerships, general partner-
ships, when all the persons so becoming general part-
ners maybe joined with those originally general part-
ners, in any suit or suits brought against such part-
nership.

Case of suits

SEC. 20. And be it enacted, That if in any case a
suit shall be brought against general and special part-
ners, and at the trial of the cause, it shall appear that
the special partners, or any of them, are not liable to
the writ of the plaintiff, the court may proceed to judg-
ment, or decree against the partners who may appear
to be liable, in the same manner as if such partners
were the only parties defendants to the writ, excepting
that the partners who may be deemed not liable shall
recover their legal costs as againat the plaintiff, and
such other additional costs, as the court may deem
reasonable, and if a creditor shall have recovered
against the general partners only, and shall afterwards

Where special
p. are deemed

discover that the special partners have become liable
as general partners, he may file a bill in equity against
the general and special partners for further relief
against them, and in such proceeding the judgment re-
covered as aforesaid, shall be prima facie evidence
of the amount of debt due by the partnership, as against
the special partners.

Case of recove-
ry, and special
partners found
to be liable

SEC. 21. And be if enacted, That no dissolution of
such partnership, by the acts of the partners, shall
take place previous to the time specified in the certifi-

As to dissolu-
tion of P.



 
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Session Laws, 1836
Volume 537, Page 102   View pdf image
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