1924

LAWS OF MARYLAND

[Ch. 311

BY CONDUCT, REPRESENTS HIMSELF, OR CONSENTS TO ANOTHER
REPRESENTING HIM TO ANYONE, AS A PARTNER IN AN EXISTING
PARTNERSHIP OR WITH ONE OR MORE PERSONS NOT ACTUALLY
PARTNERS, HE IS LIABLE TO ANY SUCH PERSON TO WHOM THE
REPRESENTATION HAS BEEN MADE, WHO HAS, ON THE FAITH OF
THE REPRESENTATION, GIVEN CREDIT TO THE ACTUAL OR
APPARENT PARTNERSHIP, AND IF HE HAS MADE THE
REPRESENTATION OR CONSENTED TO ITS BEING MADE IN A PUBLIC
MANNER HE IS LIABLE TO SUCH PERSON, WHETHER THE
REPRESENTATION HAS OR HAS NOT BEEN MADE OR COMMUNICATED
TO THE PERSON SO GIVING CREDIT BY OR WITH THE KNOWLEDGE
OF THE APPARENT PARTNER MAKING THE REPRESENTATION OR
CONSENTING TO ITS BEING MADE.

(1) WHEN A PARTNERSHIP LIABILITY RESULTS, HE
IS LIABLE AS THOUGH HE WERE AN ACTUAL MEMBER OF THE
PARTNERSHIP.

(2) WHEN NO PARTNERSHIP LIABILITY RESULTS, HE
IS LIABLE JOINTLY WITH THE OTHER PERSONS, IF ANY, SO
CONSENTING TO THE CONTRACT OR REPRESENTATION AS TO INCUR
LIABILITY, OTHERWISE SEPARATELY.

(B) WHEN A PERSON HAS THUS BEEN REPRESENTED TO BE A
PARTNER IN AN EXISTING PARTNERSHIP, OR WITH ONE OR MORE
PERSONS NOT ACTUAL PARTNERS, HE IS AN AGENT OF THE
PERSONS CONSENTING TO SUCH REPRESENTATION TO BIND THEM TO
THE SAME EXTENT AND IN THE SAME MANNER AS THOUGH HE WERE
A PARTNER IN FACT, WITH RESPECT TO PERSONS WHO RELY UPON
THE REPRESENTATION. WHERE ALL THE MEMBERS OF THE
EXISTING PARTNERSHIP CONSENT TO THE REPRESENTATION, A
PARTNERSHIP ACT OR OBLIGATION RESULTS; BUT IN ALL OTHER
CASES IT IS THE JOINT ACT OR OBLIGATION OF THE PERSON
ACTING AND THE PERSONS CONSENTING TO THE REPRESENTATION.

REVISOR'S NOTE: This section presently appears as
Art. 73A, §16.

In a few instances, the word "the" is
substituted for the word "such."

No other changes are made.

9-309. LIABILITY OF INCOMING PARTNER.

A PERSON ADMITTED AS A PARTNER INTO AN EXISTING
PARTNERSHIP IS LIABLE FOR ALL THE OBLIGATIONS OF THE
PARTNERSHIP ARISING BEFORE HIS ADMISSION AS THOUGH HE HAD
BEEN A PARTNER WHEN THE OBLIGATIONS WERE INCURRED,
EXCEPT THAT THIS LIABILITY SHALL BE SATISFIED ONLY OUT OF
PARTNERSHIP PROPERTY.

REVISOR'S NOTE: This section presently appears as
Art. 73A, §17.