PARTNERS-Continued, [The figures refer to pages.] assumption of firm obligations, 325–335. by incoming partner, 325–326. by continuing partner or new firm, 328–334. novation, 336-341. dissolution, 341-355. partnership liability and joint liability, 288-291. effect of dissent, 391-395. of retiring partner, 328-334. several liability of partner, 309, 311. contract in name of one partner, 312-324. liability of estate of deceased partner, 292–306. exemption, right to, in firm property, 567. competency of persons to be, 121-132. survivorship among. 266, 267 n. nature of interest of, in firm property, 210-216, 247. 251, 510, 528, 541. successive transfers of each partner's interest, 247, 251. applying firm assets to pay separate debts, 243, 245. dormant, defined, 349. liability of, 318, 348, 349. ⚫ notice from, in case of dissolution, 348, 349. see Bankruptcy; Limited Partnership; Partnership. PARTNERSHIP, what constitutes, 1-112. nature and characteristics of, 146-280. various conceptions, 146–153. firm or partnership name, 56, 154-163. arises out of contract, 81, 113–145. competency of parties, 121–132. formalities, 133-138. for what purposes, 139. contract for, when within statute of frauds, 133-138, 214. sharing profits, as test of, 17-57. former doctrine, 17-20. development of modern doctrine, 31-57. various exceptions, 22, 27. sharing profits, as compensation for services, 5, 7, 10, 22, 27. as compensation for loan, 4. mutual agency, as test of, 31, 36, 45, 49. intention to be partners, sole test of, 11, 13, 16, 17, 36, 49. specific intent to form, not essential, 16, 17, 49. common enterprise or business necessary, 57-83. joint purchase of goods for division, does not create, 1. purchase of goods by one for resale for mutual gain, 2. farming on shares, 61, 63, 65 n. relations distinguishable from, 83-94. contemplated, agreement for, 87. associations not for profit, 85. distinguishable from tenancy in common, 58, 61, 83, 84. distinguishable from corporation, 91. defective corporation as partnership, 104, 106. joint-stock companies, 108. trading and nontrading, 362, 372, 379. estoppel, partnership by, 95-104. property of, capital, 164-170. property other than capital, 171-176. good will, 177. title to, how taken and held, 189-192. conversion of firm realty into personalty, 193-209, 239, 266–280. [The figurés refer to pages.] PARTNERSHIP-Continued, nature of partner's interest in, 210-216, 528, 541. by act of firm, 217-229. by act of single partner, 230-246. successive transfers of each partner's interest, 247. effect of death of partner on, 266-280. title to, after death of partner, 267. dower in firm realty, 196, 200, 267. partner's right to have, applied to firm debts, 247, 251, 446, 528, 541. fraudulent conversion of firm into separate property, 217-229. application of, to pay partner's separate debts, 221, 223, 226, 243, 245. creditors, rights of, in, 217-229. nature of, 221, 226, 247, 251, 446, 528, 541. exemption, not subject to, 567. liability of, nature and duration, 281-355. in contract, 281-306, 309–324. in tort, 306-309. commencement and duration of, 225-355. by incoming partner, 325-326. by continuing partner or new firm, 328-334. partnership liability and joint liability, 288-291. quasi severable character in equity, 292–306. death, effect of, on partnership liability, 281, 286, 292–306. mining, characteristics of, 118 n. subpartnerships, 117. competition of partner with, 425. action by partner against, 454, 467. by act of parties, 588-592. notice of, sufficiency, necessity, 341-355. see Bankruptcy; Equity; Execution; Estoppel; Fraudulent Con- PARTNERSHIP BY ESTOPPEL, 95–104. see Estoppel. PARTNERSHIP INTER SE-TRUE PARTNERSHIP, 1–6. PARTNERSHIP AS TO THIRD PERSONS, 17-57. PARTNERSHIP CREDITORS, see Creditors; Execution; Liability; Lien; Partners; Partnership. POWERS OF PARTNERS, see Partners. PROFITS, sharing of, as test of partnership, 17-57. former doctrine, 17-30. development of modern doctrine, 31-57. sharing of, alone, evidence of partnership, 56. as compensation for services, 5, 7, 10, 22, 27. for loan, 4. sharing, nothing being said about losses, 56, 68, 71 n. PROPERTY OF PARTNERSHIP, see Partnership. REAL ESTATE, [The figures refer to pages.] partnership to deal m, 133-136. whether firm property, 171. title to firm, how taken and held, 190. conversion of, into personalty, 193–209, 239. dower in, 196, 200, 267. partition of, 203. effect of death of partner on firm, 193, 196, 202 n., 203, 266-280. firm creditors, rights of, after death of partner, 269. RECEIVER, of partnership, right of partner to, 433, 481, 483. RELATIONS DISTINGUISHABLE FROM PARTNERSHIP, 83-94. of partners inter se, 451-498. see Actions; Creditors; Execution; Judgment; Partners. RETIRING PARTNER, liability of, on firm obligations, 328-334, 404. see Liability; Partners. SEALED INSTRUMENTS, power of partner to execute, 382-391. SECRET PARTNER DEFINED, 349. SERVICES, share of profits as compensation for, 5, 7, 10, 22, 27. partner's right to compensation for, 435, 486. surviving partner's right to compensation for, 435. SHARING PROFITS, see Profits. STATUTE OF FRAUDS, requirements of, in forming partnership, 133-138, 214. SUBPARTNERSHIP, 117. SURVIVORSHIP AMONG PARTNERS, 266, 267 n. SURVIVING PARTNER, title of, in firm property, 267–280. rights and duties of, 271-280. remedies of deceased partner's representatives against, 275. whether a trustee, 275, 280 n. compensation for winding up partnership, 435. powers of, 236, 410. actions by or against, 271-280. TENANTS IN COMMON, distinguishable from partners, 83, 84. not necessarily partners, 58, 61, 63. partnership more than common ownership, 58. TERMINATION OF PARTNERSHIP, see Dissolution; Partnership. TITLE TO FIRM PROPERTY, how taken and held, 189–192. conversion of firm realty into personalty, 193–209. death, effect of, on, 266-280. surviving partner, title of, 267-280. see Partners; Partnership; Surviving Partner. TORT, [The figures refer to pages.] partnership liability in, 306-309. power of partner to subject firm to liability in, 396-402. TRUSTEE, whether surviving partner a, 275, 280 n. WAGES, see Compensation. WAR, cause for dissolution, 600. |