In re M. F. Dunn & Bro.

Citations

• 115 La. 1084
• 40 So. 466
• 1906 La. LEXIS 456

Syllabus

<p>1. Partnership — Dissolution — Right op Action — Liquidation.</p> <p>A commercial partnership exists for the purpose of its liquidation after it has been dissolved, and may sue or be sued when represented by all of its members.</p> <p>2. Same — Partner in Commendam.</p> <p>A partner in commendam is not a real partner as to third persons, and need not be joined in a suit against the firm in liquidation.</p> <p>3. Same — Action Against Firm.</p> <p>Where a solvent commercial firm was dissolved, and two of the partners were appointed liquidators by articles of agreement, and the appointment was subsequently confirmed by order of court, but neither the convention nor the order vested the liquidators with express authority to sue and be sued, held, that such proceedings did not affect the right of creditors to sue the firm and its members in solido.</p> <p>(Syllabus by the Court.)</p>