Minnesota Statutes

Minn. Stat. § 540.15 (2026)

Associates Sued As Partners

✓ current as of May 2026

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When two or more persons transact business as associates and under a common name, whether such name comprise the names of such persons or not, they may be sued by such common name, and the summons may be served on one or more of them. The judgment in such case shall bind the joint property of all the associates, the same as though all had been named as defendants.

Notes of Decisions

Cited in 6 cases, 1948–1994 · leading case: First Nat. Bank of Minneapolis v. White, 420 F. Supp. 1331 (D. Minnesota 1976).

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First Nat. Bank of Minneapolis v. White, 420 F. Supp. 1331 (D. Minnesota 1976). · cites it 2× “§ 540.15; J. Crane and A. Bromberg, Partnership §§ 59-62 (West, 1968), but the third party plaintiffs are mistaken in their characterization of the scope and nature of the relationship between the two banks, and are therefore mistaken in any claim that Central Ag is subject to…”

Brunsoman v. Seltz, 414 N.W.2d 547 (Minn. Ct. App. 1987). · cites it 2× “See Minn.Stat. § 540.15 (1982) (partners may be sued under common name, and judgment shall bind their joint property).”

Pederson v. Clarkson Lindley Trust, 519 N.W.2d 234 (Minn. Ct. App. 1994). · cites it 2× “The court, referring to Minn.Stat. § 540.15 (1941) (the predecessor to Minn.”

Antiel v. V.W.E. Investments, 353 N.W.2d 681 (Minn. Ct. App. 1984). · cites it 2× “15 (1982) which provides persons transacting business as associates and under a common name are subject to suit under such common name but any judgment obtained binds only partnership property. Minn.Stat. § 540.152 does not provide service of process on partners individually,…”

Hill v. Reynolds, 75 F. Supp. 408 (D. Minnesota 1948). “§ 540.15].) *414 The Venner case, as plaintiffs’ counsel point out, came about on motions preliminary to answer and trial, having to do with the meaning of the Minnesota statute permitting service of process on two or more persons transacting business as associates under a…”

Pederson v. Pederson, 39 N.W.2d 893 (Minn. 1949). “§ 540.15. The bankruptcy act treats a partnership as an entity for certain purposes.”

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