Code of Alabama

Ala. Code § 10-8-55 (2026)

(Repealed Effective January 1, 2001) Liability of Partner by Estoppel.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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Repealed by Acts 1996, No. 96-528, p. 685, §1, effective January 1, 2001.

(Acts 1971, No. 1513, p. 2609, §16.)

Notes of Decisions
Cited in 6 cases, 1986–2006 · leading case: McCrary v. Butler, 540 So. 2d 736 (Ala. 1989).
McCrary v. Butler, 540 So. 2d 736 (Ala. 1989). · cites it 2× “Ala. Code 1975, § 10-8-55(a). Property is presumed to be partnership property where it is acquired in a partnership name or is purchased with partnership funds, even though the title or other interest is acquired in the name of an individual partner.”
Vergos v. Waterman Bldg. P'ship, 613 So. 2d 383 (Ala. 1993). · cites it 2× “Ala.Code 1975, § 10-8-55, addresses the liability of a partner by estoppel.”
Smith v. Norman, 495 So. 2d 536 (Ala. 1986). “Code 1975, § 10-8-55, in pertinent part, reads as follows: "Liability of partner by estoppel.”
Cadle Co. v. Copeland, 727 So. 2d 809 (Ala. Civ. App. 1998). · cites it 2× “This statute provides that a person who represents himself to be a partner or allows another to represent him as a partner to a third party who relies to his detriment upon the representation, becomes liable as though he were an actual partner. The statute further provides that…”
Hornsby v. Elkins, 958 So. 2d 869 (Ala. 2006). “” The only evidence Elkins has provided of an agreement between Mack Hornsby and Phillip Hornsby is the inference from Phillip’s participation in the decision not to pay the workers’ compensation award, the timing of Phillip’s decision to incorporate Phil’s Motor Service in…”
Norman v. Montgomery Wholesale Lumber, 678 So. 2d 1110 (Ala. Civ. App. 1996). “It reads: “In determining whether a partnership exists, these rules shall apply: “(1) Except as provided by Section 10-8-55, persons who are not partners as to each other are not partners as to third persons.”
Ala. Code § 10-8-55(a): 1 case
McCrary v. Butler, 540 So. 2d 736 (Ala. 1989). “Ala. Code 1975, § 10-8-55(a). Property is presumed to be partnership property where it is acquired in a partnership name or is purchased with partnership funds, even though the title or other interest is acquired in the name of an individual partner.”
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