Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 67
Effect of dissolution on partner's existing liability
Partnership (PTR) CHAPTER 39, ARTICLE 6
§ 67. Effect of dissolution on partner's existing liability. 1. The
dissolution of the partnership does not of itself discharge the existing
liability of any partner.

2. A partner is discharged from any existing liability upon
dissolution of the partnership by an agreement to that effect between
himself, the partnership creditor and the person or partnership
continuing the business; and such agreement may be inferred from the
course of dealing between the creditor having knowledge of the
dissolution and the person or partnership continuing the business.

3. Where a person agrees to assume the existing obligations of a
dissolved partnership, the partners whose obligations have been assumed
shall be discharged from any liability to any creditor of the
partnership who, knowing of the agreement, consents to a material
alteration in the nature or time of payment of such obligations.

4. The individual property of a deceased partner shall be liable for
those obligations of the partnership incurred while he was a partner and
for which he was liable under section twenty-six of this chapter but
subject to the prior payment of his separate debts.