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New York Partnership Law Section 70 - Rights Where Partnership Is Dissolved For Fraud, Or Misrepresentation.

Legal Research Home > New York Lawyer > Partnership > New York Partnership Law Section 70 - Rights Where Partnership Is Dissolved For Fraud, Or Misrepresentation.




    § 70.   Rights   where   partnership  is  dissolved  for  fraud,  or
  misrepresentation.  Where a partnership contract  is  rescinded  on  the
  ground  of the fraud or misrepresentation of one of the parties thereto,
  the party entitled to rescind is, without prejudice to any other  right,
  entitled,
    (a)  To  a  lien  on,  or  right  of  retention of, the surplus of the
  partnership property after satisfying  the  partnership  liabilities  to
  third  persons  for  any sum of money paid by him for the purchase of an
  interest in the partnership and for any capital or advances  contributed
  by him; and
    (b)  To  stand,  after  all  liabilities  to  third  persons have been
  satisfied, in the place of the creditors  of  the  partnership  for  any
  payments made by him in respect of the partnership liabilities; and
    (c)  To be indemnified by the person guilty of the fraud or making the
  representation against all debts and liabilities of the partnership.

Last modified: August 9, 2006