Indiana § 23-4-1-16 Partner by estoppel

Indiana Statutes

§ 23-4-1-16 — Partner by estoppel

Indiana·Title 23 BUSINESS AND OTHER ASSOCIATIONS·Art. 4 PARTNERSHIPS·Ch. 1 Uniform Partnership Act

(1)When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him or any one, as a partner in an existing partnership or with one (1) or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made.

(a)When a partnership liability results, he is liable as though he were an

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(1) When a person, by words spoken or
written or by conduct, represents himself, or consents to another
representing him or any one, as a partner in an existing partnership or
with one (1) or more persons not actual partners, he is liable to any
such person to whom such representation has been made, who has, on
the faith of such representation, given credit to the actual or apparent
partnership, and if he has made such representation or consented to its
being made in a public manner he is liable to such person, whether the
representation has or has not been made or communicated to such
person so giving credit by or with the knowledge of the apparent
partner making the representation or consenting to its being made.
(a) When a partnership liability results, he is liable as though he
were an actual member of the partnership.
(b) When no partnership liability results, he is liable jointly with the
other persons, if any, so consenting to the contract or representation as
to incur liability, otherwise separately.
(2) When a person has been thus represented to be a partner in an
existing partnership, or with one (1) or more persons not actual
partners, he is an agent of the persons consenting to such representation
to bind them to the same extent and in the same manner as though he
were a partner in fact, with respect to persons who rely upon the
representation. Where all the members of the existing partnership
consent to the representation, a partnership act or obligation results; but
in all other cases it is the joint act or obligation of the person acting and
the persons consenting to the representation.
Formerly: Acts 1949, c.114, s.16.