Effective - 28 Aug 1949
358.160. Partner by estoppel. — 1. When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to anyone, as a partner in an existing partnership or with one 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.
(1) When a partnership liability results, he is liable as though he were an actual member of the partnership;
(2) 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 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.
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(L. 1949 p. 506 § 16)
Structure Missouri Revised Statutes
Title XXIII - Corporations, Associations and Partnerships
Chapter 358 - Uniform Partnership Law
Section 358.010 - Name of law.
Section 358.020 - Definitions.
Section 358.030 - Interpretation of knowledge and notice.
Section 358.040 - Rules of construction.
Section 358.050 - Rules for cases not provided for in this law.
Section 358.060 - Partnership defined.
Section 358.065 - Partnerships to register fictitious names, procedure.
Section 358.070 - Rules for determining the existence of a partnership.
Section 358.080 - Partnership property.
Section 358.090 - Partner agent of partnership as to partnership business.
Section 358.100 - Conveyance of real property of the partnership.
Section 358.110 - Partnership bound by admission of partner.
Section 358.120 - Partnership charged with knowledge of or notice to partner.
Section 358.130 - Partnership bound by partner's wrongful act.
Section 358.140 - Partnership bound by partner's breach of trust.
Section 358.150 - Nature of partner's liability.
Section 358.160 - Partner by estoppel.
Section 358.170 - Liability of incoming partner.
Section 358.180 - Rules determining rights and duties of partners.
Section 358.190 - Partnership books.
Section 358.200 - Duty of partners to render information.
Section 358.210 - Partner accountable as a fiduciary.
Section 358.220 - Right to an account.
Section 358.230 - Continuation of partnership beyond fixed term.
Section 358.240 - Extent of property rights of a partner.
Section 358.250 - Nature of a partner's right in specific partnership property.
Section 358.260 - Nature of partner's interest in the partnership.
Section 358.270 - Assignment of partner's interest.
Section 358.280 - Partner's interest subject to charging order.
Section 358.290 - Dissolution defined.
Section 358.300 - Partnership not terminated by dissolution.
Section 358.310 - Causes of dissolution.
Section 358.320 - Dissolution by decree of court.
Section 358.330 - General effect of dissolution on authority of partner.
Section 358.340 - Right of partner to contribution from copartners after dissolution.
Section 358.350 - Power of partner to bind partnership to third persons after dissolution.
Section 358.360 - Effect of dissolution of partner's existing liability.
Section 358.370 - Right to wind up.
Section 358.371 - Disposal of claims, notice of dissolution.
Section 358.380 - Rights of partners to application of partnership property.
Section 358.390 - Rights where partnership is dissolved for fraud or misrepresentation.
Section 358.400 - Rules for distribution.
Section 358.410 - Liability of persons continuing the business in certain cases.
Section 358.420 - Rights of retiring or estate of deceased partner when the business is continued.
Section 358.430 - Accrual of actions.
Section 358.520 - Merger or consolidation of a domestic general partnership, authorization.