Section 16. (1) When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, 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.
(a) When a partnership liability results he is liable as though he were an actual member of the partnership.
(b) 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.
Notes of Decisions
Richard A. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A. Ronald L. Motley, Scruggs, Millette, Bozeman & Dent P.A. Richard F. Scruggs, 290 F.3d 42 (1st Cir. 2002).
“125, 501 (1995); Mass. Gen. Laws ch. 108A, § 16 (2000); Miss.”
Brown v. Gerstein, 460 N.E.2d 1043 (Mass. App. Ct. 1984).
“23 The common law doctrine of partnership by estoppel is codified for the Commonwealth in G.L. c. 108A, § 16. See Standard Oil Co. v.”
Gosselin v. O'Dea, 242 F.3d 412 (1st Cir. 2001).
“” Mass. Gen. Laws ch. 108A, § 16(1). Thus, a plaintiff may establish the first two elements of his claim by pointing not only to what the putative partners have said, but also to what they did.”
Atlas Tack Corp. v. DiMasi, 637 N.E.2d 230 (Mass. App. Ct. 1994).
“See also G. L. c. 108A, § 16. At issue here are the first two elements: whether Donabed held himself out as a partner of the defendants and whether the holding out was done with the defendants’ consent.”
Gosselin v. O'DEA, 40 F. Supp. 2d 45 (D. Mass. 1999).
“As to the holding out, the evidence in Gosselin’s favor is enough to show that there was some sort of relationship between O’Dea and the other defendants, but not enough to support an inference that O’Dea’s relationship was that of a partner. First, O’Dea himself never expressly…”
Cormier v. Deren, 8 Mass. L. Rptr. 5 (Mass. Super. Ct. 1997).
“558, 571 (1984); see also G.L.c. 108A, §16 (codifying common law doctrine of partnership by estoppel).”
Zichelle v. Parigian, 22 Mass. L. Rptr. 125 (Mass. Super. Ct. 2006).
· cites it 3× “The plaintiffs allege that Orlandi knew or should have known that Parigian and Orlandi held themselves out to Zichelle as each other’s partners or associates because they shared office space, staff, communications, and some other aspects of business practice, and by their…”
Shane v. Goldstein, 25 Mass. App. Dec. 5 (Mass. Dist. Ct., App. Div. 1962).
“It may be urged that under the provisions of G. L. c. 108A, §16 the defendant is estopped from denying that she is a partner because of the fact that she signed the .”
McCloskey v. PredictiveGenies, Inc. (D. Mass. 2025).
“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…”
Janjigian v. Ferraro & Walsh, 1 Mass. L. Rptr. 86 (Mass. Super. Ct. 1993).
· cites it 2× “See Uniform Partnership Act, G.L.c. 108A, §16. Eleven of the defendants now seek summaiyjudgment under Mass.”
Daynard v. Scruggs (1st Cir. 2002).
“125, 501 (1995); Mass. Gen. Laws ch. 108A, § 16 (2000); Miss.”
— Mass. Gen. Laws ch. 108A, § 16(1) — 3 cases
Gosselin v. O'Dea, 242 F.3d 412 (1st Cir. 2001).
“” Mass. Gen. Laws ch. 108A, § 16(1). Thus, a plaintiff may establish the first two elements of his claim by pointing not only to what the putative partners have said, but also to what they did.”
McCloskey v. PredictiveGenies, Inc. (D. Mass. 2025).
“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…”
Zichelle v. Parigian, 22 Mass. L. Rptr. 125 (Mass. Super. Ct. 2006).
“The plaintiffs allege that Orlandi knew or should have known that Parigian and Orlandi held themselves out to Zichelle as each other’s partners or associates because they shared office space, staff, communications, and some other aspects of business practice, and by their…”
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