Minnesota Statutes
Minn. Stat. § 323.08 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1997 c 174 art 12 s 68; 1998 c 262 s 12]
Notes of Decisions
Cited in 17
cases, 1945–1998 · leading case: Winter v. Liles, 354 N.W.2d 70 (Minn. Ct. App. 1984).
Winter v. Liles, 354 N.W.2d 70 (Minn. Ct. App. 1984). “09 (1981) provides that, where title to real property is in the partnership name, the act of any partner in conveying such property does not bind the partnership unless it is within the partner’s statutory authority, as defined in Minn. Stat. § 323.08 (1981). That authority is…”
Lund v. Chem. Bank, 797 F. Supp. 259 (S.D.N.Y. 1992). “binds the partnership, unless the partner so acting has in fact no authority____ An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners.”
Bedow v. Watkins, 552 N.W.2d 543 (Minn. 1996). “Minn. Stat. § 323.08 (1994). The partnership is liable to an injured person when the injury is caused by the “wrongful act or omission of any partner acting in the ordinary course of the business of the partnership.”
Shetka v. Kueppers, Kueppers, Von Feldt & Salmen, 454 N.W.2d 916 (Minn. 1990). “Minn.Stat. § 323.08 (1988). Thus, if a partner commits a wrongful act or omission while acting “in the ordinary course of the business of the partnership” the partnership is liable, for compensatory and apparently, as well, punitive damages.”
Hogs Unlimited v. Farm Bureau Mut. Ins. Co., 401 N.W.2d 381 (Minn. 1987). “Under Minn.Stat. § 323.08 (1984), every partner is an agent of the partnership for the purpose of its business, unless the partner so acting has in fact no authority to act for the partnership in the particular matter.”
Sage Co. v. Ins. Co. of North Am., 480 N.W.2d 695 (Minn. Ct. App. 1992). “Minn.Stat. § 323.08 (1990). A partnership is therefore liable for the wrongful act of any partner “acting in the ordinary course” of the partnership’s business or “with the authority of the copartners.”
Hedged Inv. Partners, L.P. v. Norwest Bank Minnesota, N.A., 578 N.W.2d 765 (Minn. Ct. App. 1998). “2d 81, 87-89 (1969) (plaintiffs business representative had apparent authority to modify the contract because plaintiffs conducted all business with defendants through him, they never advised defendants of any limits on his authority, and he negotiated contract terms); see also…”
In Re Flight Transp. Corp. Sec. Litig., 669 F. Supp. 284 (D. Minnesota 1985). “Relying on Minn.Stat. § 323.08, 11 Lund notes that the existence of the check was hidden from him by Rubin for over two years.”
Cyrus v. Cyrus, 64 N.W.2d 538 (Minn. 1954). “” Section 323.08 provides that every partner is an agent of the partnership for the purpose of its business.”
In Re Flight Transp. Corp. Sec.. Russell T. Lund, Jr. v. Norwest Bank, Minneapolis & Am. Nat'l Bank & Trust, St. Paul, 825 F.2d 1249 (8th Cir. 1987). “They expected to realize tax benefits from investment tax credits, business deductions and losses attributable to the partnership. Rubin’s status as a partner in the aircraft leasing business made him Lund’s agent with respect to third parties, such as Norwest and ANB, for the…”
Ringier Am., Inc. v. Land O'lakes, Inc., 106 F.3d 825 (8th Cir. 1997). “See Minn.Stat. § 323.08 (partner carrying on partnership business binds the partnership “unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom that partner is dealing has knowledge of the fact that…”
Seaboard Sur. Co. v. H & R Constr. Corp., 153 F. Supp. 641 (D. Minnesota 1957). “*648 Defendants cite the Uniform Partnership Act, 21 Minnesota Statutes Annotated, section 323.08, which provides in part that: “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 partnership…”
— Minn. Stat. § 323.08(3) — 2 cases
Lund's, Inc. v. Chem. Bank, 870 F.2d 840 (2d Cir. 1989).
Hogs Unlimited v. Farm Bureau Mut. Ins. Co., 390 N.W.2d 886 (Minn. Ct. App. 1986).
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