PARTNER

A member of a copartnership or firm; one who has united with others to form a partnership in business. See PART-

(931) voluntary partition is effected either by a debts in proportion to his share of the deed, which varies according to the nature profits. See CONTRIBUTION. of the property and the tenancy, or (in (3) As regards third persons, the act of England) by obtaining an order of exchange from the inclosure commissioners, which takes effect without any further conveyance. (5 Dav. Prec. Conv. (2) 1; Wms. Real Prop. (4) The relation between the partners every partner, within the ordinary scope of the business, binds his copartners, whether they have sanctioned it or not. 140; 2 White & T. Lead. Cas. 407. For the old ways of making partition, see Litt. 243 et seq.; Co. Litt. 167a.) Coke also uses partition in the sense of severance of the unity of title, as where he says that the conveyance by a coparcener of her part, operates as a partition in law. Co. Litt. 167 b, Hargrave's note (2); Litt. 309. being personal, no one of them can put a stranger in his place without the consent of the others. (5) In England, one partner cannot sue another (a) if any matter of partnership. account is involved in the dispute; or (b) if the damages, when recovered, will belong to the firm. But one partner may sue another for breach of an agreement to contribute capital. (Lind. Part. 908.) In most if not all of the States one partner may sue another for a balance due, or for an account of the firm transactions. 3. Compulsory.-Compulsory partition is effected by an action for partition at the instance of one or more of the joint owners having a legal title. In such action the court has power to decree the sale of the property, and the distribution of the proceeds among the persons interested, in cases where that course is more convenient unincorporated partnerships with transferthan an actual division of the property able shares, see ASSOCIATION; COMPANY, itself. Wms. Real Prop. 141; Wats. Comp. 3 et seq. Eq. 461. See OWELTY. As to the analogy between a partnership and a corporation, see FIRM, & 1. As to As to the distinction between partners and part-owners, (932) all transactions of a particular class, as where A. and B. agree to carry on the business of bankers, grocers, &c. 8. The first is, that where a person carries on business as agent for another, the latter is liable to third persons for the debts of the business. If the business is not carried on in his name, he is called a "dormant" or "undisclosed partner." (Cox v. Hickman, 8 H. L. C. 268.) Formerly, the doctrine was carried much further, so as to make every person who received a share of the profits of a business liable for its debts, (see Waugh v. Carver, 2 H. Bl. 235; 1 Sm. Lead. Cas. 922;) but the better opinion now is, that an 25. Particular, limited, or special. - In England, a particular (limited or special) partnership is where the parties agree to share the profits of one particular transaction; as where A. and B. agree to join in selling a particular cargo of goods, or in working a particular patent. In America, a limited partnership is one consisting of one or more general partners, jointly and severally responsible as ordinary partners, and by whom the business is conducted, agreement entitling one person to share and one or more special partners, who contribute in cash a specific sum as capital to the common stock, and who are not liable for the debts of the partnership beyond the fund so contributed. It is sometimes said that there is a third kind of partnership, called a "universal partnership," but this seems to be inaccurate. It is true that in Roman law there was a societas omnium bonorum, (D. xvii. 2, fr. 1, 1, fr. 3, 1, fr. 5, fr. 73;) but societas is a very different thing from "partnership," for a societas might be entered into for charitable purposes, mutual improvement, &c., and it is said that in reality a societas omnium bonorum only occurred between married persons. Holtz. Encycl. s. v. societas. 26. Sub-partnership. - A sub-partnership is where a partner in a firm makes a stranger a partner with him in his share of the profits of that firm. Thus, if A. and B. carry on business as A., B. & Co.; and B. agrees with C. to give him a share of the profits received from the business of A., B. & Co.; C. is a sub-partner with B., but not a partner in the firm of A., B. & Co. Lind. Part. 55; Wats. Comp. Eq. 709. See FIRM, & 4. 7. Quasi-partnerships.-A quasipartnership, or partnership as regards third persons, is where one person is liable for the debts of another as if he were his partner, although no true partnership exists. The cases in which this occurs are referable to one of two principles. *Lind. Part. 33 et seq.; Wats. Part. 710; Mollwo, March & Co. v. Court of Wards, L. R. 4 P. C. 419. As to whether holders of participating policies in insurance companies are liable for its debts, see In re Albion Life Ass. Co., 16 Ch. D. 83. Holders of policies in a mutual inthe profits made by another gives rise to nothing more than a presumption that the relation of principal and agent exists between them, and the passing of the Partnership Act, 1865, (q. v.,) has deprived the question of much of its importance in England. By the operation of this act, a person who merely lends money to a firm, in consideration of receiving a share of the profits, is not a partner even as regards third persons, but in popular language he is sometimes called a "dormant partner," (Thr. Jt. S. Co. 4; Sm. Merc. Law 20,) or commanditaire (q. v.) 9. Ostensible partner-Nominal partner. -The second principle by which a person may be subjected to the liabilities of a partner is, that where a person holds himself out to third persons as a partner in the firm, he is liable to those persons for debts contracted by the firm: such a person is called an "ostensible partner.” (Lind. Part. 47 et seq.; Wats. Part. 711; Thr. Jt. S. Co. 6; Sm. Merc. Law 23.) The term seems also to be used to denote a real partner whose name appears, as opposed to a secret partner. (1) Sm. Lead. Cas. 947.) Generally, the "holding out" consists in his allowing his name to appear in the firm as if he were a partner, and he is then sometimes called a "nominal partner." Lind. Part. 489; 1 Sm. Lead. Cas. 947, 951. PARTNER, (who is). 10 La. Ann. 114; 21 Ν.

As to the conflict of laws relating to majority, see 19 Am. Dec. 180. In corporations, in the absence of any provision in the charter or constitution, the general rule is that, within the scope of the corporate affairs, the acts of a majority bind the corporation; 30 Pa. 42; 4 Biss. 78; 33 Conn. 396; see 18 Fed. Rep. 283. It is not necessary that those present at a meet ing constitute a majority of all the mem bers; 7 Cow. 42; a majority of those who appear may act; 88 Pa. 42; 104 Mass. 378; 5 Blatch. 525; 57 Ill. 416; s. c. 11 Am. Rep. 24; 33 Beav. 595. When, however, an act is to be performed by a select and definite body, such as a board of directors, a major- ity of the entire body is required to consti- tute a meeting; 9 Wend. 394; 16 Ia. 284; but if a quorum is present, a majority of such quorum may act; 23 Ν. Η. 555; 18 Ind. 58. The minority of a committee to which a corporate power has been delegated cannot bind the majority, or do any valid act, in the absence of any special provision otherwise; 127 U. S. 579. In political elections, a majority of the votes cast at an election on any question means the majority of those who voted on that question; 10 Minn. 107; 1 Sneed 687; 20 III. 159; 56 id. 414; 20 Wis. 544; 95 U. S. 869. "All qualified voters who absent themselves from an election duly called are presumed to assent to the express will of the majority of those voting, unless the law providing for the election otherwise declares. Any other rule would be pro- ductive of the greatest inconvenience, and ought not to be adopted unless the legisla- tive will to that effect is clearly expressed." Id. (Miller and Bradley, JJ., dissenting); but the opposite view is held in 85 Mo. 103; 16 Minn. 249; 69 Ind. 505. In the last case an amendment to the constitution received less than a majority of all those who voted at the election, but had a majority of the votes cast for or against the adoption of the amendment; and it was held (two judges dissenting) that the amendment had been neither ratified nor rejected. See 22 Alb. L. J. 44. The United States House of Representa- tives has power to transact business when a majority of its members is present, and may prescribe any method which is reason- ably certain to determine the presence of a majority; 144 U. S. 1. See ELECTION; MEET- ING; QUORUM; REORGANIZATION.

One who has a part in anything with an other; a partaker; an associate; a sharer. "Partner of his fortune." Shak. Hence: (a) A husband or a wife. (b) Either one of a couple who dance together. (c) One who shares as a member of a partnership in the management, or in the gains and losses, of a business. My other self, the partner of my life. Milton. An associate in any business or occupation; a member of a partnership. See Partnership. A framework of heavy timber surrounding an opening in a deck, to strengthen it for the support of a mast, pump, capstan, or the like. Dormant, or Silent, partner. See under Dormant, a.

To associate, to join. [Obs.] Shak.

To join as a partner. | To work or perform as a partner.

Either of a pair of people or things that belong together. | Someone who is associated with another in a common activity or interest. | Someone who is associated with another in a common activity or interest. | A member of a business or law partnership. | Someone who is associated with another in a common activity or interest. | A spouse or other person with whom one shares a domestic, romantic, or sexual bond. | Someone who is associated with another in a common activity or interest. | Someone with whom one dances in a two-person dance. | Someone who is associated with another in a common activity or interest. | Someone with whom one plays on the same side in a game, such as card games or doubles tennis. | One of the pieces of wood comprising the framework which strengthens the deck of a wooden ship around the holes through which the mast and other fittings pass. | A group financial arrangement in which each member contributes a set amount of money over a set period.

A surname.