PARTNERSHIP.
No. 1 of 1897.
485
he is a partner; and after his death his estate is also severally liable in a due course of administration for such debts and obligations, so far as they remain unsatisfied but subject to the prior payment of his separate debts.
wrongs.
10. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the firm or with the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or omitting to act.
Misapplication of money or property received for or in custody of firm.
11. In the following cases, namely- (1) where one partner, acting within the scope of his apparent authority, receives the money or property of a third person and misapplies it; and (2) where a firm in the course of its business receives the money or property of a third person, and the money or property so received is misapplied by one or more of the partners while it is in the custody of the firm,
the firm is liable to make good the loss.
12. Every partner is liable jointly with his co-partners and also severally for everything for which the firm while he is a partner therein becomes liable under section 10 or section 11.
13. If a partner, being a trustee, improperly employs trust property in the business or on the account of the partnership, no other partner is liable for the trust property to the persons beneficially interested therein: Provided as follows:-
(1) this section shall not affect any liability incurred by any partner by reason of his having notice of a breach of trust; and (2) nothing in this section shall prevent trust money from being followed and recovered from the firm, if still in its possession or under its control.
Improper employment of trust property for partnership purposes.
14.—(1) Every one who, by words spoken or written or by conduct, represents himself, or who knowingly suffers himself to be represented, as a partner in a particular firm is liable as a partner to any one who has, on the faith of any such representation,
PARTNERSHIP.
No. 1 of 1897.
485
he is a partner; and after his death his estate is also severally liable in a due course of administration for such debts and obligations, so far as they remain unsatisfied but subject to the prior payment of his separate debts.
wrongs.
10. Where, by any wrongful act or omission of any partner Liability of acting in the ordinary course of the business of the firm or with firm for the authority of his co-partners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or omitting to act.
Misapplica- tion of
11. In the following cases, namely- (1) where one partner, acting within the scope of his money or apparent authority, receives the money or property of a third person and misapplies it; and
(2) where a firm in the course of its business receives the money or property of a third person, and the money or property so received is misapplied by one or more of the partners while it is in the custody of the firm,"
the firm is liable to make good the loss.
received for property
or in custody of firm.
12. Every partner is liable jointly with his co-partners and Liability for also severally for everything for which the firm while he is a wrongs joint partner therein becomes liable under section 10 or section 11.
.
13. If a partner, being a trustee, improperly employs trust property in the business or on the account of the partnership, no other partner is liable for the trust property to the persons beneficially interested therein: Provided as follows:-
(1) this section shall not affect any liability incurred by any partner by reason of his having notice of a breach of trust; and
(2) nothing in this section shall prevent trust money from being followed and recovered from the firm, if still in its possession or under its control.
and several.
Improper employment property for partnership purposes.
of trust
14.—(1) Every one who, by words spoken or written or by Persons conduct, represents himself, or who knowingly suffers himself liable by to be represented, as a partner in a particular firm is liable as out".
"holding a partner to any one who has, on the faith of any such repre-
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