History:
L. 1972, ch. 210, § 9; Repealed, L. 1998, ch. 93, § 76; July 1, 1999.
CASE ANNOTATIONS
1. Cited in considering authority of partner to bind partnership to an agreement in case involving enforcement of foreign judgment. Brockman Equipment Leasing, Inc. v. Zollar, 3 Kan. App. 2d 477, 481, 596 P.2d 827.
2. Partner-spouse as occupying very different position from that of spouse alone examined. In re Oetinger, 49 B.R. 41, 43 (1985).
3. Where farmer's wife determined to be partner of farmer husband, either may obligate the other. In re Schroeder, 62 B.R. 604, 605, 606 (1986).
4. Partner's authority to act limited to transactions within scope of partnership business, or apparent scope of partner's authority. Executive Financial Services, Inc. v. Loyd, 238 Kan. 663, 665, 714 P.2d 376 (1986).
5. Cited; where material facts undisputed, professional conduct involving one partner's business dealings with client examined. Phillips v. Carson, 240 Kan. 462, 479, 480, 731 P.2d 820 (1987).
6. Neither declaration of covenants nor restriction on land use precluded secured partner from foreclosing. Old Colony Ventures I, Inc. v. SMWNPF Holdings, Inc., 968 F. Supp. 1422, 1423 (1997).
Exec. Fin. Servs., Inc. v. Loyd, 715 P.2d 376 (Kan. 1986). · cites it 2דThe question of Loyd's authority to act on behalf of Mohr-Loyd Leasing is governed by K.S.A. 56-309(a) and (b), which provides: "(a) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the…”
Brockman Equip. Leasing, Inc. v. Zollar, 596 P.2d 827 (Kan. Ct. App. 1979). “090 (1), (2), K.S.A. 56-309 (a), (b), Burke’s act would bind Zollar as a nonsigning partner only if the contract was in the usual course of the partnership business or if Zollar expressly authorized it.”
Old Colony Ventures I, Inc. v. SMWNPF Holdings, Inc., 968 F. Supp. 1422 (D. Kan. 1997). · cites it 2דK.S.A. § 56-309(a). As one treatise explains, this provision furthers the entity view of partnerships and so rejects the old idea of a partnership as a reciprocal agency relationship.”
Farmers State Bank of Oakley v. Schroeder (In Re Schroeder), 62 B.R. 604 (Bankr. D. Kan. 1986). “By the same token, the Court finds that the Farmers State Bank of Oakley has a perfected security interest in all of the property which it claimed as security including a 1977 7700 John Deere combine; 1975 John Deere 4630 tractor with cab and a 1969 Caterpillar Model 633 with a…”
— K.S.A. § 56-309(a) — 4 cases
In Re Oetinger, 49 B.R. 41 (Bankr. D. Kan. 1985). “K.S.A. § 56-309(a). *44 The mortgages entered into by Mr.”
Exec. Fin. Servs., Inc. v. Loyd, 715 P.2d 376 (Kan. 1986). “The question of Loyd's authority to act on behalf of Mohr-Loyd Leasing is governed by K.S.A. 56-309(a) and (b), which provides: "(a) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the…”
Old Colony Ventures I, Inc. v. SMWNPF Holdings, Inc., 968 F. Supp. 1422 (D. Kan. 1997). “K.S.A. § 56-309(a). As one treatise explains, this provision furthers the entity view of partnerships and so rejects the old idea of a partnership as a reciprocal agency relationship.”
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