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partnership debts. — See 25 L. 274.

Rights of administrator of deceased partner. — See 7 L. 792.

Riglits of estate of law partner in compensation for business
unfinished at time of his death. — See 66 L. 821.

Rights of partner as affected by sale of trade-mark. — See 1
L. N. S. 722.

Rights of partners inter se in partnership property, as to
generally, see 28 L. 86-109.

Rights of partnership, as against firm creditors, to sell or
mortgage firm property, to discharge or secure individual debt
of one of its members. — See 2 K N. S. 256.

Rights of surviving partner to make general assignment. —
See 6 L. 570.

Separate property of partners, liability of for partnership
debts. — See 18 A. D. 280.

Set-off in bankruptcy cases. — See 55 L. 41, 69.

Share of illegal profits, liability. — See 11 L. 589.

Ship, partnership earnings of admiralty jurisdiction. — See 66
L. 235.

Situs of interest of deceased partner in partnership for pur-
poses of taxation. — See 9 A. C. 692.

Special partners, necessity of joining as parties to action. —
See 1 L. 312.

Specific performance of contract to give security to one part-
ner against liabilities of firm. — See 6 L. N. S. 590.

Statement of accounts between partners. — See 27 L. 820.

Statute of frauds, partnership agreements for purchase and
sale of land as being witliin. — See 7 A. C. 1142.

Statutes as to continuing firm name. — See 15 L. 466.

Stockliolders, partnership liability of in case of defective
or illegal incorporation. — See 17 L. 549.

1245



§ 2396 CIVIL CODE. [Div.III.Pt.IV.

Subrogation, right of partner who pays firm debts to. — See
54 L. 614-621.

Sufficiency of notice of dissolution to former patrons of part-
nership. — See 9 A. C. 243.

Surviving partner — Accounting by. — See 7 L. 481.

Same — Bond required of. — See 7 L. 794.

Same — Continuance of business by. — See 5 L. 410; 7 L. 788.

Same — Duties of. — See 7 L. 790.

Same — Position and power of as to partnership property. —
See 28 L.. 129-137.

Same — Powers and duties of. — See 65 A. D. 295.

Same — Rights and powers of. — See 6 L. 569; 7 L. 481; 7 L. 788.

Same — Rights and remedies of. — See 7 L. 792.

Same — Right to make a general assignment. — See 6 L. 570.

Surviving partner's right to compensation. — See 112 A. S. 843.

Taxation, situs of interest of deceased partner in partnership
for purposes of. — See 9 A. C. 692.

Trade-mark, riglits of partners as affected by sale of. — See
1 L. N. S. 722.

Transfer by one partner of his interest in insured property
to other members of the firm, effect of as a prohibited change
or alienation. — See 18 L. 482.

Transfers and withdrawals by partners, as ground of attach-
ment. — See 30 L. 486.

Use of property of to discharge obligation of one partner. —
See 1 L. N. S. 650; 2 L. N. S. 256.

Waiver of compensation. — See 17 L. 416.

Warranty as inducement to co-partner to enter into a con-
tract as a promise to indemnify. — See 15 L. N. S. 1151.

What constitutes.— See 115 A. S. 400; 8 L. 657; 18 L. N. S.
967-1103.

What is a fictitious name. — See 10 A. C. 812.

When associations held to be partnerships. — See 3 L. 430.

Who may have judgment against partner set aside. — See 54
L. 763.

Wife — Power of to enter into partnership contract. — See 2
L. 343.

Same — Right of to sue firm to which husband belongs. — See
6 L. 507.

§2396. SHIP-OWNERS. Part owners of a ship do not,
by simply using it in a joint enterprise, become partners
as to the ship.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
75 C. 566, 568, 569, 17 P. 702, 703 (applied, cited, construed).

1246



Tit.X,ch.I,art.I.] foundation of. § 2397

As to actions for accounting in general, see Kerr's Cyc. C.
C. § 2412 and note.

As to liabilities of part owners of vessels, see 88 A. D. 364-368.

As to liability of ship-owners, see 13 A. D. 320.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to partnership between co-owners of vessels, see 90 A.
S. 361-365.

§2397. FORMATION OF PARTNERSHIP. A partnership
can be formed onlj^ by the consent of all the parties thereto,
and therefore no new partner can be admitted into a part-
nership without the consent of every existing member thereof.
History: Enacted March 21, 1872.

See 'Kerr's Cyc. C. C. for 11 pars, annotation.

As to assumption of firm debt by incoming partner, see 25
L. 274, 275.

As to lands owned by partner prior to partnership and posi-
tion of incoming partner, see 27 L. 485, 486.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to power of partner in mining partnership to convey inter-
est without dissolving partnership, see Kerr's Cyc. C. C. § 2516
and note.

As to right of action upon indebtedness assumed by incom-
ing partner, see 25 L. 274.



1247



§§ 2401, 2402 CIVIL CODE. [Div.III,Pt.IV.

ARTICLE II.

PARTNERSHIP PROPERTY.

§ 2401. Partnership property, what.

§ 2402. Partner's interest in partnership property.

§ 2403. Partner's sliare in profits and losses.

§ 2404. vVlicn division of losses implied.

§ 2405. Partner may require application of partnership prop-
erty to payment of debts.

§ 2406. What property is partnership property by presumption.

§2401. PARTNERSHIP PROPERTY, WHAT. The prop-
erty of a partnership consists of all that is contributed to
the common stock at the formation of the partnership, and
all that is subsequently acquired thereby.

Hi-story: Enacted March 21, 1872.

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

104 C. 302, 305, 37 P. 1048, 38 P. 109 (construed and applied).

As to exemptions of property from execution, see 1 A. S.
593-595.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to moneys loaned by partner to co-partner not being
partnership transaction, see Kerr's Cyc. C. C. § 2412 and note.

As to partnership interests, interests in common, etc., see
Kerr's Cyc. C. C. § 682 and note.

As to pledge of partnership securities, see Kerr's Cyc. C. C.
§§ 2986, 2987.

As to property claimed as homestead, see 70 A. S. 114, 115.

As to rights of purchaser of real property owned by part-
nership, but standing in name of one partner, as against
equities of surviving partner, see Kerr's Cyc. C. C. § 2450 and
note.

As to trust funds of partnership, see 32 A. S. 129, 130, 67 A.
S. 44-46.

§2402. PARTNER'S INTEREST IN PARTNERSHIP
PROPERTY. The interest of each member of a partnership
extends to every portion of its property.

History: Enacted March 21, 1872.
1248



Tit.X,ch.I,art.II.] PROFITS and loss. §§ 2403, 2404

See Kerr's Cyc. C. C. for 5 pars, annotation.

104 C. 302, 305, 37 P. 1048, 38 P. 109 (construed and applied
with other sections); 123 C. 482, 487, 56 P. 251; 147 C. 546, 549,
82 P. 196 (cited).

As to interest of each member of partnership, liability, etc.,
see 57 A. S. 436-444.

As to lien of mining partner extending to partnership prop-
erty and existing in favor of all partners, whether in actual
possession or not, see Kerr's Cyc. C. C. § 2514 and note.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to property qualifications of juror, see Kerr's Cyc. C. C.
P. § 205 and note.



§2403. PARTNER'S SHARE IX PROFITS A>D LOSSES.

In the absence of any agreement on the subject the shares
of partners in the profit or loss of the business are equal,
and the share of each in the partnership property is the
value of ^ his original contribution, increased or diminished
by his share of profit or loss.

History: Enacted March 21, 1872.

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

56 C. 446, 450 (construed and applied); 104 C. 302, 305, 37 P.
1048, 38 P. 109 (construed and applied with other sections).

As to actions for accounting between partners and as to
duty to account, see Kerr's Cyc. C. C. § 2412 and note.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to profits and losses in mining partnerships, see Kerr's
Cyc. C. C. § 2513 and note.

As to profit made after dissolution, see 40 A. S. 571.



§2404. WHEN DIVISION OF LOSSES IMPLIED. An
agreement to divide tlie ])rofits of a business implies an
agreement for a corresponding division of its losses, unless
it is otherwise expressly stipulated.

History: Enacted March 21. 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

81 C. 14, 15, 22 P. 264, 265 (construed and applied); 89 C. 526,
534, 26 P. 1087, 1089 (construed and applied); 122 C. 3, 12. 54
P. 372 (construed as not applying).
Kerr's C. C. — 40 1249



§§ 2405, 2406 CIVIL CODE. [Div.III.Pt.IV.

As to lease of land providing for sharing- of profits not creat-
ing partnersliip, see Kerr's Cyc. C. C. § 2395 and note par. 25.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

§2405. PARTNER MAY REQUIRE APPLICATION^ OF
PARTNERSHIP PROPERTY TO PAYMENT OF DEBTS.

Each member of a partnership may require its property to
be app3-'°i to the discharge of its debts, and has a lien upon
the shares of the other partners for this purpose, and for
the payment of the general balance if any due to him.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 19 pars, annotation.

58 C. 449, 456 (construed and applied); 48 P. 222 (construed
and applied).

As to attachment of partnership property by creditors of
individual partners, see 43 A. S. 371, 372; 57 A. S. 442.

As to contribution between partners, see 1 L. 312, 313.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to preference in favor of partnership creditors, see 43 A. S.
371; 58 A. S. 91, 92.

As to preference of partnership creditors over individual
creditors, see 28 L. 165-169.

As to real property of partnership, right of creditor to pur-
sue remedies against, see 43 A. S. 377-380.

As to rights of judgment creditors against partnership prop-
erty, see 28 L. 170-172.

As to separate property of partner, proceedings against, etc.,
see 43 A. S. 365, 368.

As to subrogation against copartner by partner who pays a
firm debt, see 54 L. 614-622.

§2406. WHAT PROPERTY IS PARTNERSHIP PROP-
ERTY BY PRESUMPTION. Property, whether real or per-
sonal, acquired with partnership funds, is- presumed to be
partnership property.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 415,
held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 7 pars, annotation.
As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

1250



Tit.X,ch.I,art.III.] mutual obligations. § 2410

As to parol agreement to deal In real estate, see 48 A. S. 65.

As to partnership real estate, rights of partners inter se
therein, etc., see 28 L. 86-108.

As to real estate acquired bj' partners before commencement
of partnership, see 48 A. S. 68.

As to real estate, application thereof to partnership debts,
etc., see ante § 2405 and note par. 13, and 98 A. D. 198; 27 A. R.
270; 54 A. R. 798; 48 A. S. 67-75.

As to resulting trust arising in favor of partnership where
real estate is purchased with partnership funds, see Kerr's
Cyc. C. C. § 853 and note par. 55.



ARTICLE III.

MUTUAL OBLIGATION OF PARTNERS.

§ 2410. Partners trustees for each other.

§ 2411. Good faith to be observed between them.

§ 2412. Mutual liability of partners to account.

§r2413. No compensation for services to firm.

§ 2410. PARTNERS TRUSTEES FOR EACH OTHER. The

relations of partners are confidential. They are trustees
for each other within the meaning of chapter one of the title
on trusts, and their obligations as such trustees are defined
by that chapter.

History: Enacted March 21, 1872.

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

48 P. 1086, 1087 (construed and applied with §2411).

As to confidential relations and trusts in general, see Kerr's
Cyc. C. C. §§ 2215, 2224 and notes.

As to confidential relations of partners, see ante § 2219 and
note post § 2411 and note; also 100 A. D. 636; 39 A. R. 461, 463.

As to involuntary trustee of property transferred in viola-
tion of trust, see Kerr's Cyc. C. C. § 2243 and note.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to partner availing himself of confidential relation witli
copartner in purcliasing real property, see Kerr's Cyc. C. C.
§ 2223 and note par. 17, § 2406 and note pars. 2-7.

As to resulting trust, when arises in favor of partners, see
Kerr's Cyc. C. C. § 2224 and note pars. 95-97.

As to trust, when not created as between partners by deed
absolute, see Kerr's Cyc. C. C. § 2224, par. 106.

As to trustee's duty not to use trust property for individual
profit, see Kerr's Cyc. C. C. § 2229 and note.

1251



§§2411,2412 CIVIL CODE. [Div.III,Pt.IV.

§2411. GOOD FAITH TO BE OBSERVED BETWEEN
THEM. In all proceedings connected with the formation,
conduct, dissolution, and liquidation of a partnership, every
partner is bound to act in the highest good faith toward his
copartners. He may not obtain any advantage over them in
the partnership affairs by the slightest misrepresentation,
concealment, threat, or adverse pressure of any kind.
Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 13 pars, annotation.

48 P. 1086, 1087 (construed and applied); 122 C. 456, 460, 55
P. 246 (construed and applied); 136 C. 460, 463, 69 P. 83 (con-
strued and applied); 4 C. A. 438, 442, 88 P. 510 (partners will not
be allowed to obtain any advantage over each other by mis-
representation or concealment).

As to contracts between partners in anticipation of dissolu-
tion of partnership, agreeing- that none of them will carry on
similar business within specified place, etc., see Kerr's Cyc. C. C.
§ 1675 and note.

As to contracts of partners with copartner in restraint of
carrying on similar business, see Kerr's Cyc. C. C. § 1674 and
note.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

§2412. MUTUAL LIABILITY OF PARTNERS TO AC-
COUNT. Each member of a partnership must account to it
for everything that he receives on account thereof, and is
entitled to reimbursement therefrom for everything that he
properly expends for the benefit thereof, and to be indemni-
fied thereby for all losses and risks which he necessarily
incurs on its behalf.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 26 pars, annotation.

78 C. 225, 231, 20 P. 547, 550 (construed and applied).

As to accounting following dissolution of partnership, see
Kerr's Cyc. C. C. § 2450 and note.

As to allowance or disallowance of interest in partnersliip
accounting, see 9 L. 425.

As to duty and obligations of trustees in general, see Kerr's
Cyc. C. C. §§ 2228-2239 and notes.

As to duty of partner to act in highest good faith towards

1252



Tit.X,ch.I,art.III.] COMPENSATION. § 2413

copartner, and as to continuance of this duty until jli^BSolution
and liquidation of partnership affairs, see Kerr s Cyc. C. C.
S 2411 and note par. 4.

As to general partner as agent for partnership, authority of,
etc see Kerr's Cyc. C. C. § 2429 and note.

As to inability of surviving partner to collect from general
astets Of partne^r-s estate debt due by decedent to Partne-liip.
without first ascertaining partnership assets, see Kerr s Cj c.
C C P. § 1585 and note. .

As to many miscellaneous matters as to partnership, gener-
ally, see note § 2395, ante.

As to mining partnerships in general, see Kerr s Cj c. C. C.

§5 2511 et seq. and notes. ^ -^ ^f ^nrt

As to right of partner to make investments outside of pait-
nership affairs, see Kerr's Cyc. C. C. § 2411 and note.

Ts to right of representatives of deceased partner to compel
executor of last surviving partner to account upon dissolution
of partnership, by reason of death of partner, see Kerr's Cyc.
C. C. § 2450 and note.

As to share of profits illegally acquired, generally, see 11 L.

As to statements of account between partners, see 27 L. 820.
As to statute of limitations in suits for accounting between
partners, see 40 A. S. 574-576. r- r- P

As to venue for action for accounting, see Kerr s Cyc. C. C. f.

§ 395 and note.

§2413. m COMPENSATION FOR SERVICES TO FIRM.

A partner is not entitled to any compensation for services
rendered by him to the partnership.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

fs C 466, 4n. 58 A. R. 17. 9 P. 731, 734 (construed and
applied); 135 C. 561, 564, 67 P. 1054 (construed and applied).

AS to compensation for services to firm, when partner entitled
to, etc., see 6 L. 72; 9 L. 424, 425.

ks to compensation of surviving partner, generally, see 40

^'as to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.



1253



§§ 2417, 2418 CIVIL. CODE. [Div.III.Pt.IV.

ARTICLE IV.

RENUNCIATION OF PARTNERSHIP.

§ 2417. Renunciation of future profits exonerates from liability.
§ 2418. Effect of renunciation.

§2417. RENUNCIATION OF FUTURE PROFITS EXON-
ERATES FROM LIABILITY. A partner may exonerate him-
self from all future liability to a third person, on account
of the partnership, by renouncing, in good faith, all partici-
pation in its future profits, and giving notice to such third
person, and to his own copartners, that he has made such
renunciation, and that, so far as may be in his power, he
dissolves the partnership and does not intend to be liable on
account thereof for the future.

History: Enacted March 21, 1872.

As to judgment of dissolution, and when general partner
entitled to, see Kerr's Cyc. C. C. § 2452 and note.

As to liability of general partner, how long continues, see
Kerr's Cyc. C. C. § 2453 and note.

As to liquidation of general partnership, see Kerr's Cyc. C. C.
§§ 2458-2462 and notes.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to notice of termination of liability, see Kerr's Cyc. C. C.
§ 2453 and note.

As to partial dissolution of partnership, see Kerr's Cyc. C. C.
§ 2451 and note.

As to partnership, duration of, see Kerr's Cyc. C. C. § 2449 and
note.

As to total dissolution of partnership, see Kerr's .Cyc. C. C.
§ 2450 and note.

§2418. EFFECT OF RENUNCIATION. After a partner
has given notice of his renunciation of the partnership, he
cannot claim any of its subsequent profits, and his copart-
ners may proceed to dissolve the partnership.

History: Enacted March 21, 1872.

As to dissolution of partnership, notice of, etc., see Kerr's
Cyc. C. C. § 2453 and note.

1254



Tit.X,cll.II,art.I.] GENERAL. § 2424

As to many miscellaneous matters as to partnership gener-
lly, see note § 2395, ante.
As to notice of renunciat

C. C. §§ 2417, 2453 and notes.



nllv see note ? 2395, ante. , _

1; to notice of renunciation, effect of. etc.. see Kerr's Cyc.



CHAPTER II.

GENERAL PARTNERSHIP.

Article I. What is a General Partnership, § 2424.

II. Powers and Authority of Partners, §§ 2428-2431.

III. Mutual Obligations of Partners, §§ 2435-2438.

IV. Liability of Partners, §§ 2442-2445.

V. Termination of Partnership, §§ 2449-2454.
VI. . Liquidation, §§ 2458-2462.
VII. * Of the Use of Fictitious Names, §§ 2466-2472.

ARTICLE I.
WHAT IS A GENERAL PARTNERSHIP.
§ 2424. General partnership, what.

§2424. GENERAL PARTNERSHIP, WHAT. Every part-
nership that is not formed in accordance with the law con-
cerning special or mining partnerships, and every special
partnership, so far only as the general partners are con-
cerned, is a general partnership.

HiMtory: Enacted March 21, 1872.

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

74 C. 418, 419, 16 P. 196.

As to certificates designating names of partners, etc., see
Kerr's Cyc. C. C. |§ 2466-2471 and notes. ,«-.. K.^rr's

As to general partners, powers and authority of. see Ktrr s
Cyc. C. C. §S 2428-2431 and notes. , n .. n r ii "44'^

As to liability of general partners, see Kerr s C>c. C. C. S§ -"-.

24 45 and notes. T.-„^,..a

As to limitations of authority of general partner, sec Kerr s

Cvc C. C. § 2430 and note.

As to liquidation of general partnership following dissolution,
see K.^rr's Cyc. C. C. §§ 2458-2462 and notes.

1255



§2424 CIVIL CODE. [Div.III.Pt.IV.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to mining partnership, see Kerr's Cyc. C. C. §§ 2511, 2520
and notes.

As to mutual obligations of general partners, see Kerr's Cyc.
C. C. §§ 2435-2438 and notes.

As to special matters, liability of, see Kerr's Cyc. C. C. §§ 2500-
2503 and notes.

As to special partners, rights, powers, and duties of, etc., see
Kerr's Cyc. C. C. §§ 2489-2496 and notes.

As to special partnership, admission of new members therein,
etc., see Kerr's Cyc. C. C. § 2508 and note.

As to special partnership, dissolution of, etc., see Kerr's Cyc.
C. C. § 2509 and note.

As to special partnership, formation of, etc., see Kerr's Cyc.
C. C. §§ 2477-2485 and notes.

As to special partnership, when becomes general partnership,
see Kerr's Cyc. C. C. § 2507 and note.

As to termination or dissolution of general partnership, in
whole or in part, see Kerr's Cyc. C. C. §§ 2449-2454 and notes.

As to word "limited," use of, etc., in partnership name, see
Kerr's Cyc. C. C. § 2510 and note.



1256



TitX.ch.II.art.II.] POWER OF majority. §§ 2428, 2429

ARTICLE II.

POWERS AND AUTHORITY OF PARTNERS.

§ 2428. Power of majority of partners.

§ 2429. Authority of individual partner.

§ 2430. What authority partner has not.

§ 2431. Partner's acts in bad faith, when ineffectual.

§2428. POWER OF MAJOKITY OF PARTNERS. Unless
otherwise expressly stipulated, the decision of the majority
of the members of a general partnership binds it in the con-
duct of its^ business.

History: Enacted March 21, 1872.

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

78 C. 225, 229, 20 P. 547, 549 (construed and applied).

As to authority and powers of partner in liquidation, see
Kerr's Cyc. C. C. §§ 2461, 2462 and notes.

As to authority of any general partner to bind copartnership,
see Kerr's Cyc. C. C. § 2429 and note.

As to implied authority of partner to incur debt, see 48 A. S.
438.

As to limitations upon authority of general partner to act for
partnership, see Kerr's Cyc. C. C. § 2430 and note.

As to many miscellaneous matters as to partnership, gener-
ally, see note § 2395, ante.

As to mining partnership, rule as to conduct of business, see
Kerr's Cyc. C. C. § 2520 and note.

As to notes signed by partners in their individual names, see
87 A. D. 535.

As to partner signing note of surety, see 45 A. D. 302.

As to power of one partner to bind firm, see 12 A. S. 304, 305.

As to power of one partner to restrict authority of copartner,
see 88 A. S. 322-324.

§ 2429. AUTHORITY OF INDIVIDUAL PARTNER. Every
general partner is agent for the partnership in the transac-
tion of its business, and has authority to do whatever is
necessary to carry on such business in the ordinary manner,
and for this purpose may bind his copartners by an agree-
ment in writing.

History: Enacted March 21, 1872.
1257



§ 2430 CIVIL CODE. [Div.III.Pt.IV.

See Kerr's Cyc. C. C. for 24 pars, annotation.

65 C. 559, 560 (applied); 4 P. 567; 71 C. 498, 502, 12 P. 505, 507 (con-
strued and applied) ; 89 C. 526, 534, 26 P. 1087, 1089 (construed and
applied); 3 C. A. 493, 495, 86 P. 618 (partner is agent of his
copartner, as to all partnership transactions).

As to authority of individual partner to dispose of firm prop-
erty in g-eneral, see 7 A. S. 377, 379; 88 A. S. 323.

As +0 authority of partner to execute note for partnership
indebtedness, see 48 A. S. 441.

As to many miscellaneous matters as to partnership gener-
ally, see note § 2395, ante.

As to revoking act of partner, see 88 A. S. 323, 324.



§2430. WHAT AUTHORITY PARTNER HAS NOT. A

partner, as such, has not authority to do any of the follow-
ing acts, unless his copartners have wholly abandoned the
business to him, or are incapable of acting:

1. To make an assignment of the partnership property or
any portion thereof to a creditor, or to a third person in
trust for the benefit of a creditor or of all creditors;



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