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§ 2343. Agent's responsibility to third persons.

§ 2344. Obligation of agent to surrender property to third

person.
§ 2345. Agent not having capacity to contract.

§ 2342. WARRANTY OF AUTHORITY. One who assumes
to act as an agent thereby warrants, to all who deal with
him in that capacity, that he lias the authority which he
assumes.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to measure of damages for breach of agent's warrant
of authority, see post § 3318.

As to personal liability of agent on contract executed with-
out authority, see 50 A. D. 793.

As to when contracts executed in name of agents only do
not bind them personally, see 57 A. R. 536.

§ 2343. AGENT'S RESPONSIBILITY TO THIRD PERSONS.

One who assumes to act as an agent is responsible to third
persons as a principal for his acts in the course of his agency,
in any of the following cases, and in no others:

1. When, with his consent, credit is given to him person-
ally in a transaction;

2. When he enters into a written contract in the name of
his principal, without believing, in good faith, that he has
authority to do so; or,

3. When his acts are wrongful in their nature.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

151 C. 723, 729, 91 P. 616 (where acts of agent are lawful, and
within scope of his authority, principal only, and not agent,
is bound by them).

1220



Tit.IX,ch.I,art.IV.] obligation OF AGENT. §§2344,2345

As to agent's responsibility in contracts signed by liini, see
3 L. 397; 12 L. 346.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to personal liability of agent on bills and notes, see 22 A.
R. 179.

As to personal liability of agent on sealed and unsealed con-
tracts, see 26 A. D. 524.

As to liability of agent to third person for negligence or
nonfeasance, see 28 L. 433.

As to personal liability of agents to third persons, see 54 A.
R. 233; 22 A. S. 726.

As to personal liability of shipmaster, see post § 2382.

As to recovery of money in agent's hands for another use,
see 5 L. 531.

§ 2344. OBLIGATION OF AGEXT TO SI KKENDER
PKOPEltTY TO THIKI) PERSON. If an agent receives any-
thing lor the benefit of his principal, to the possession of
which another person is entitled, he must, on demand, sur-
render it to such person, or so much of it as he has under
his control at the time of demand, on being indemnified for
any advance which he has made to his principal, in good
faith, on account of the same; and is responsible therefor,
if, after notice from the owner, he delivers it to his prin-
cipal.

Ili.s4or.v: Enacted March 21, 1872.

As to deposit, see Kerr's Cyc. C. C. §§ 1822, 1825, 1826.
As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§2345. AGENT NOT HAVING ( ATAl ITY TO ( (►NTKA* T.

The provisions of this article are subject to the provisions
of part one, division first, of this code.

Ili.Hlor.v: Enacted March 21. 1S72.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to minors and incapacitated persons, see ante §§ 25. 42.

For Commissioners' comment on this section, see Kerr's Cyc.
C. § 2345. note.

For note on mutual relations of principal and agent, see
Kerr's Cyc. C. C. § 2330 note.

1221



§§ 2349, 2350 CIVIL CODE. [Div.III,Pt.IV.

ARTICLE V.

DELEGATION OF AGENCY.

§ 2349. Agent's delegation of his powers.

§ 2350. Agent's unauthorized employment of subagent.

§ 2351. Subagent rightfully appointed represents principal.

§2349. AGENT'S DELEGATION OF HIS POWERS. An

agent, unless specially forbidden by his principal to do so,
can delegate his powers to another person in any of the fol-
lowing cases, and in no others:

1. When the act to be done is purely mechanical;

2. When it is such as the agent cannot himself, and the
subagent can lawfully perf6rm;

3. When it is the usage of the place to delegate such
powers; or,

4. When such delegation is specially authorized by the
principal.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

92 C. 108, 113, 28 P. 57, 58 (applied); 102 C. 320, 322, 36 P.
649 (cited); 110 C. 247, 251, 42 P. 809 (construed); 124 C. 682,
684 (applied), 685 (construed), 686 (construed), 687 (construed),
57 P. 574.

As to agent's necessary authority, see Kerr's Cyc. C. C. § 2319
and note.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§2350. AGENT'S UNAUTHORIZED EMPLOYMENT OF

SUBAGENT. If an agent employs a subagent witliout author-
ity, the former is a principal and the latter his agent, and
the principal of the former has no connection with the
latter.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to responsibility of subagent to principal, see ante § 2022.

1222



Tit.IX,ch.I,art.V.] SUBAGENT, POWER OF. § 2351

§ 2351. SUBAGENT RIGHTFULLY APPOIXTED REPRE-
SENTS PRINCIPAL. A subagent, lawfully appointed, repre-
sents the principal in like manner with the original agent;
and the original agent is not responsible to third persons
for the acts of the subagent.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to subagents and their relation to principal and to agent
appointing them, see 50 A. S. 110.

Subagent, lawfully appointed, is liable for his acts to the
principal only, and not to ageat who appointed him. — 50 C.
108, 111.



1223



§§ 2355, 2356 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE VI.

TERMINATION OF AGENCY.

§ 2355. Termination of agency.

§ 2356. Same. [Wliere coupled with an interest.]

§2355. TERMINATION OF AGENCY. An agency is ter-
minated, as to every person liaving notice tliereof, by:

1. Tlae expiration of its term;

2. The extinction of its subject;

3. Tlie death of the agent;

4. His renunciation of the agency; or,

5. The incapacity of the agency [agent] to act as such.

History: Enacted March 21, 1872.

See 'Kerr's Cyc. C. C for 4 pars, annotation.

69 C. 226, 230, 10 P. 502, 505 (cited); 121 C. 327, 328, 53 P.
702 (applied).

As to duty of gratuitous employee, see ante § 1975.
As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§2356. SAME. [WHERE COUPLED WITH AN INTER-
EST.] Unless the power of an agent is coupled with an
interest in the subject of tlie agency, it is terminated, as to
every person having notice thereof, by:

1. Its revocation by the principal;

2. His death; or,

3. His incapacity to contract.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 22 pars, annotation.

70 C. 254, 258 (applied), 260 (construed), 11 P. 706, 707, 708:
75 C. 364, 368, 17 P. 427, 428 (cited); 25 P. 131, 132 (right to
revoke authority of agent to procure purchaser of land); 89 C.
251, 255, 26 P. 906, 907 (construed); 92 C. 143, 144, 28 P. 219
(applied); 131 C. 321, 325, 63 P. 479 (applied).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to validity of agent's acts after death of principal, see
39 A. D. 81.

1224



Tit.IX.ch.II,art.I.] AUCTIONEERS. § 2362



CHAPTER II.

PARTICULAR AGENCIES.
Article I. Auctioneers, §§ 2362, 2363.
II. Factors, §§ 2367-2369.

III. Shipmasters and pilots, §§ 2373-238.5.

IV. Ships' managers, §§ 2388, 2389.

ARTICLE I.

AUCTIONEERS.

§ 2362. Auctioneer's authority from the seller.
§ 2363. Auctioneer's authority from the bidder.

§2362. AUCTIONEER'S AUTHORITY FROM THE
SELLER. An auctioneer, in the absence of special author-
ization or usage to the contrary, has authoritj- from the
seller, only as follows:

1. To sell by public auction to the highest bidder;

2. To sell for cash only, except such articles as are usually
sold on credit at auction;

3. To warrant, in like manner with other agents to sell,
according to section twenty-three hundred and twenty-three;

4. To prescribe reasonable rules and terms of sale;

5. To deliver the thing sold, upon payment of the price;

6. To collect the price; and,

7. To do whatever else is necessary, or proper and usual,
in the ordinary course of business, for effecting these pur-
poses.

History: P^nactod March 21, 1S72.
See Kerr's Cyc. C. C. for 6 pars, annotation.

AUCTIONS AND AL CTIONEEIIS.

As to auctioneers, see further Kerr's Cyc. Pol. C. §§ 32S4 et
seq. and notes.

As to custom and usage, see- Kerr's Cyc. C. C. §§ 2295. 2297,
2319 and notes.

1225



§ 2363 CIVIL CODE. [Div.III,Pt.IV.

As to many miscellaneous matters as to agents generally, see
note § 2295, ante.

As to memorandum of sale by, see 13 A. D. 398-400.

Auctioneers — Delegation of municipal power as to license of. —
See 20 L. 724.

Same — Right of conducting sale to make bids. — See 20 L. 503.

Same — Right to withdraw property from sale after it has
been offered.— See 57 L. 784.

Auction in street, as a nuisance, subject to city control. — See
37 L. 678.

Competition, agreement by auctioneers to stifle. — See 2 A. D.
138.

Delegation of municipal power as to license of auctioneers. —
See 20 L. 724.

Implied exception in statute as to auctions. — See 25 L. 569.

Preventing or checking bids, effect of upon the validity of
sales at auction.— See 20 L. 545-553.

Rights of purchaser at auction sale. — See 9 L. 558.

Sales at auctions by auctioneer, and their effect. — See 96
A. D. 264.

§2363. AUCTIONEER'S AUTHORITY FROM THE BID-
DER. An auctioneer has authority from a bidder at the
auction, as well as from the seller, to bind both by a memo-
randum of the contract, as prescribed in the title on sale.

History: Enacted March 21, 1872.

As to auctioneer's authority generally, see Kerr's Cyc. C. C.
P. §§ 3284-3374 and notes.

As to entry by auctioneer, see Kerr's Cyc. C. C. § 1798, also
13 A. D. 398-400.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.



1226



^ Tit.IX,ch.II,art.II.] FACTORS, authority. §§ 2367-2369

ARTICLE II.

FACTORS.

§ 2367. Factor, what.

§ 2368. Actual authority of factor.

§ 2369. Ostensible authority.

§ 2367. FACTOR, ^VHAT. A factor is an agent, as defined
by section two thousand and twenty-six.

History: Enacted March 21, 1872.

As to commission of real estate broker, see Kerr's Cyc. C. C.
§ 2330 and note.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to produce forwarded to commission merchant to be
shipped to foreign country, see Kerr's Cyc. C. C. § 2367, note.

§2368. ACTUAL AITHOIUTY OF FACTOR. In addition
to the authority of agents in general, a factor has actual
authority from his principal, unless specially restricted:

1. To insure property consigned to him uninsured;

2. To sell, on credit, anything intrusted to him for sale,
except such things as it is contrary to usage to sell on
credit; but not to pledge, mortgage, or barter the same; and,

3. To delegate his authority to his partner or servant, but
not to any person in an independent employment.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

55 C. 421, 424, 36 A. D. 43 (cited); 61 C. 405 (cited in dis.
op. erroneously as §2358); 66 C. 459, 461, 6 P. 61 (applied); 3
C. A. 198, 201, 203 (subd. 2 applied with §2991 — omission of
word "no" in opinion makes wrong statement of law, but cor-
rect statement is given in 84 P. 778, 780).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§2369. OSTENSIBLE AUTHORITY. A factor has osten-
sible authority to deal with the property of his principal as

1227



§§ 2373, 2374 CIVIL CODE. [Div.III.Pt.IV.

his own, in transactions with persons not having notice of
the actual ownership.

Hi.«ttopy: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

52 C. 586, 589 (applied); 55 C. 421, 424, 36 A. R. 43 (applied);
61 C. 405, 420 (applied); 66 C. 459, 460 (applied), 461 (ostensible
authority construed), 6 P. 91.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.



ARTICLE III.

SHIPMASTERS AND PILOTS.

§ 2373. Authority of sliipmaster on belialf of sliip-owner.

§ 2374. Authority to borrow.

§2375. Authority on behalf of owners of cargo.

§ 2376. Power to make contracts.

§ 2377. Power to hypothecate.

§ 2378. Master's power to sell ship.

§ 2379. Master's power to sell cargo.

§ 2380. Authority to ransom sliip.

§ 2381. Abandonment terminates master's power.

§ 2382. Personal liability for contracts concerning the ship.

§ 2383. Liability for acts of persons employed upon the ship.

§ 2384. Responsibility for negligence of pilot.

§ 2385. Sliip-owner's liability for cargo sold, etc.

§2373. AUTHOEITY OF SHIPMASTER ON BEHALF OF
SHIP-OIVNER. The master of a ship is a general agent for
its owner in all matters concerning the same.

History: Enacted March 21, 1872.

As to duties of ship's master, see Kerr's_ Cyc. C. C. §§ 2034-
2044 and notes.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.



§ 2374. AUTHORITY TO BORROW. The master of a ship
has authority to borrow money on the credit of its owner,
if it is necessary to enable him to complete the voyage, and

1228



Tit.IX.ch.II.art.III.] POWER OF. §§ 2375-2377

if neither the owner nor his proper agent for such matters
can be consulted without injurious delay.

History: Enacted March 21, 1872.

§2375. AUTHOKITY ON BEHALF OF OWNERS OF
CAKGO. The master of a ship, during a voyage, is a general
agent for each of the owners of the cargo, and has author-
ity to do whatever they might do for the preservation of
their respective interests, but he cannot sell or hypothecate
the cargo, except in the cases mentioned in this article.

Hi-story: Enacted March 21, 1872; amended March 30, 1874.
Code Amdts. 1873-4, p. 251.

As to general average and jettison, see Kerr's Cyc. C. C.
§§ 2148-2154 and notes.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§2376. POWER TO MAKE COMRACTS. The master of
a ship may procui-e all its necessary repairs and supplies,
may engage cargo and passengers for carriage, and, in a
foreign port, may enter into a charter party; and his con-
tracts for these purposes bind the owner to the full amount
of the value of the ship and freightage.

HlNtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§2377. POWER TO lIVP(nTIECATE. The master of a
ship may hypothecate the ship, freightage, and cargo, and
sell part of the cargo, in the cases presrcibed by the chapters
on bottomry and respondentia, and in no others, except that
the master may also sell the cargo, or any part of it, short
of the port of destination, if found to be of such perishable
nature, or in such damaged condition that if left on board
or reshlpped it would be entirely lost, or would seriously
endanger the interests of its owners.

History: Enacted March 21. 1872: amended March 30, 1874.
Code Amdts. 1873-4, p. 252.

1229



§§ 2378-2380 CIVIL CODE. [Div.III.Pt.IV.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to power of master to hypothecate ship, see Kerr's Cyc.
C. C. §§ 2320, 3017 and note.

§ 2378. MASTER'S POWER TO SELL SHIP. When a ship,
whether foreign or domestic, is seriously injured, or the
voyage is otherwise broken up, beyond the possibility of pur-
suing it, the master, in case of necessity, may sell the ship
without instructions from the owners, unless by the earliest
use of ordinarj' means of communication he can inform the
owners, and await their instructions.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§ 2379. MASTER'S POW ER TO SELL CARGO. The mas-
ter of a ship may sell the cargo, if the voyage is broken
up beyond the possibility of pursuing it, and no other ship
can be obtained to carry it to its destination, and the sale
is otherwise absolutely necessary.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to sale when voyage broken, see Kerr's Cyc. C. C. § 2707
and note.

§2380. AUTHORITY TO RAXSOM SHIP. The master of
a ship, in case of its capture, may engage to pay a ransom
for it, in money or in part of the cargo, and his engage-
ment will bind the ship, freightage, and cargo.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to expenses of detention being general average, see Kerr's
Cyc. C. C. § 2385 note par. 2.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

1230



Tit.IX.ch.II.art.IIL] ABANDONMENT. §§ 2381-2384

§ 2381. ABANDONMENT TERMINATES MASTER'S POWER.

The power of a master of a ship to bind its owner, or the
owners of the cargo, ceases upon the abandonment of the
ship and freightage to insurers.

History: Enacted March 21, 1872.

§2382. PERSONAL LIABILITY FOR CONTRACTS CON-
CERNING THE SHIP. Unless otherwise expressly agreed, or
unless the contracting parties give exclusive credit to the
owner, the master of a ship is personally liable upon his
contracts relative thereto, even when the owner is also liable.

Hiistory: Enacted Marcli 21, 1872.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to personal liability of master for contracts made by him
concerning the vessel, see Kerr's Cyc. C. C. § 2343 and note.

§ 2383. LIABILITY FOR ACTS OF PERSONS EMPLOYED
UPON THE SHIP. The master of a ship is liable to third
persons for the acts or negligence of persons employed in
its navigation, whether appointed by him or not, to the
same extent as the owner of the ship.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§ 2384. RESPONSIBILITY FOR NEGLIGENCE OF PILOT.

The owner or master of a ship is not responsible for the
negligence of a pilot whom he is bound by law to employ;
but if he is allowed an option between pilots, some of whom
are competent, or is required only to pay compensation to a
pilot, whether he employs him or not, he is so responsible
to third persons.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to responsibility for pilots, see Kerr's Cyc. C. C. §§ 2338,
2383 and notes.

1231



§§ 2385-2389 CIVIL CODE. [Div.III,Pt.IV.

§2385. Ship-owner's liability for cargo sold,

ETC. The owner of a ship is bound to pay to the owner of
her cargo the market value at the time of arrival of the
ship at the port of her destination, of that portion of her
cargo which has been sold to enable the master to pay the
necessary repairs and supplies of the ship.

History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 252.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to ransom being a general average, see Kerr's Cyc. C. C.
§ 2380 note par. 2.



ARTICLE IV.

SHIPS' MANAGERS.

§ 2388. What powers manager has.
§ 2389. What powers he has not.

§ 2388. WHAT POWERS MANAGER HAS. A ship's man-
ager has power to make contracts requisite for the perform-
ance of his duties as such; to enter into charter parties, or
make contracts for carriage; and to settle for freightage
and adjust averages.

History: Enacted March 21, 1872.

61 C. 405, 429 (erroneously cited for § 2368).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to powers of ship's manager, see Kerr's Cyc. C. C. §§ 2020-
2072 and notes.

§2389. WHAT POWERS HE HAS NOT. Without special
authority a ship's manager cannot borrow money or give up
the lien for freightage, or purchase a cargo, or bind the
owners of the ship to an insurance.

History: Enacted March 21, 1872.



1232



Tit.X,ch.I,art.I.]



PARTNERSHIP.



§ 2395



TITLE X.

PARTNERSHIP.

Chapter I. Partnership in General, §§2395-2418.

II. General Partnership, §§ 2424-2472.

III. Special Partnership, §§ 2424-2472.

IV. Mining Partnership, §§ 2511-2520.

CHAPTER I.

PARTNERSHIP IN GENERAL.

Article I. What Constitutes a Partnership, §§ 2395-2397.

II. Partnership Property, §§ 2401-2406.

III. Mutual Obligations of Partners, §§ 2410-2413.

IV. Renunciation of Partnership, §§ 2417, 2418.



ARTICLE I.

WHAT CONSTITUTES A PARTNERSHIP.

§ 2395. Partnership, what.

§ 2396. Ship-owners.

§ 2397. Formation of partnership.

§2395. P.VKTNEKSHIl*. >VHAT. Partnership is the asso-
ciation of two or more persons, for the purpose of carrying
on business together, and dividing its profits between them.
History: Enacted March 21. 1872.

See Kerr's Cyc. C. C. for 73 pars, annotation.

.'54 C. 439. 440 (construed and applied but erroneously cited
as 8 2235); 75 C. 566, 569. 17 P. 702, 703 (construed and applied):
81 C. 14, 15. 22 P. 264, 265 (construed and applied): 31 P. 1122,
1123 (what agreement and acts of parties under it, evince
partnership); 101. C. 500, 507, 35 P. 1051 (construed and ap-
plied): 104 C. 302. 304, 37 P. 1048. 38 P. 109 (construed and ap-
plied): 122 C. 3, 12, 54 P. 372 (construed as not applying:): 128
C 1"'0 126 60 P. 689 (cited, construed and applied): 134 C. 338,

1233



§ 2395 CIVIL CODE. [Div.III,Pt.IV.

340, 66 P. 309 fconstrued and applied); 31 P. 1122, 1123 (con-
strued and applied).

PARTNERSHIP — GENERALLY.

As to actions brought against an association by its common
name. — See Kerr's Cyc. C. C. P. § 388 and note.

As to agreement for interest in profits for services, not con-
stituting partnership, see 58 A. R. 101; 83 A. D. 104, 105.

As to agreement of minors for formation of partnership, see
18 A. E. 601, 605,

As to alteration and dissolution of special partnership, see
Kerr's Cyc. C. C. § 2507 and note.

As to associated carriers when liable as partners, see 72 A.
D. 238, 240.

As to books of account as evidence of partnership to prove
partnership affairs, see 52 L. 833-848.

As to burden of proof in establishing partner^iip, see 22 A.
S. 762.

As to co-operative business associations, see Kerr's Cyc. C. C.
§ 653b and note.

As to crop-sharing contracts, whether constituting partner-
ship, see 37 A. R. 609-612; 58 A. R. 101-108.

As to declarations by one partner to show partnership and
as to declarations generally, see 20 L. 595, 597; 22 A. S. 762.

As to declarations made in actions as to partnership, see 20
L. 599.

As to declarations of partners after proof of partnership, see
Kerr's Cyc. C. C. P. § 1870 subd. 5 and note.

As to dormant partners, see 56 A. D. 148; 20 L. 597, 598.

Same — Necessity of joining as parties to action. — See 1 L. N.
S. 312.

As to evidence of general reputation to prove partnership,
see 48 A. D. 481; 38 A. R. 568.

As to evidence to prove partnership, see 38 A. D. 482; 22 A. S.
761. 762; 13 L. 370.

As to existence of partnership, when a question of law, see
43 A. S. 229-232.

As to formation of special partnership, see post § 2477 and
note.

As to general partners in special partnership, liability of,
etc., see Kerr's Cyc. C. C. § 2500 and note.

As to joint interest in property essential to partnership rela-
tion, see 75 A. D. 192.

As to liability of partnership to employee for negligence, see
Kerr's Cyc. C. C. §§ 1969, 1971 and notes.

As to married women, power of to become partners, see 31
A. S. 932-936; 34 A. S. 339, 340.

As to non-trading partnership, see 48 A. S. 441.

1234



i Tit.X,ch.I,art.I.] partnership. §2395

As to parol partnerships for dealing in lands, validity of,
etc., see 16 L. 745-750.

As to participation in losses, profits, etc., generally, when not
necessary to partnership agreement, see 30 A. D. 608; 31 A. D.
382; 43 A. D. 436; 75 A. D. 191; 93 A. D. 63; 37 A. R. 609-612;
48 A. R. 256; 56 A. R. 101-108.

As to partnership interest, see 17 L. 554.

As to partnership liability of stockholders in cases of defect-
ive or illegal incorporation, see 17 L. 549, 550.



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