Section 67. Effect of dissolution on partner's existing liability  


Latest version.
  • 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.