A Treatise On the Law And Procedure of Receivers, With Forms; Being a Greatly Enl., Newly Classified, And Entirely Rewritten 2d Ed. of Smith On Receivers
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52, 31 Atl. 952. 426 LAW OF RECEIVERS. § 143. Acceptance of Assignment by Remaining Partner and Assumption of Liability. Where a retiring partner upon dissolution of the part- nership assigns his interest in the concern to his co- partner upon the condition that the latter assume and pay all the debts and obligations of the partnership but the continuing partner fraudulently disposes of part of the funds by sending them beyond the jurisdiction and failing to abide by his covenant with the partn...er, who is being sued for partnership debts, a receiver may be ap- pointed upon the theory that the relation of principal and surety was created between the partners by the as- signment and that the retiring partner had an inchoate lien upon the pai'tnership assets to secure their proper application toward paying off the obligations of the part- nership.^ But where a partnership is dissolved and the partners charge one of their members with the duty of settling its affairs and he makes a general assignment for the benefit of all of the partnership creditors without giving preference to any creditors and the partner so making the assignment is solvent, the appointment of a receiver will be refused.^ § 144.
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