NC General Statutes

N.C. Gen. Stat. § 59-60 (2026)

Partnership not terminated by dissolution

✓ current as of July 2026
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On dissolution the partnership is not terminated, but continues until the winding up of partnership affairs is completed. (1941, c. 374, s. 30.)

 

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1953–2023 · leading case: State v. Smith, 265 S.E.2d 164 (N.C. 1980).
State v. Smith, 265 S.E.2d 164 (N.C. 1980). “Scott, Handbook on Criminal Law §§ 59-60 (1972); R. Perkins, Criminal Law 552-577 (1969).”
Baker v. Rushing, 409 S.E.2d 108 (N.C. Ct. App. 1991). “§ 59-60 (1989) provides that upon dissolution, “the partnership is not terminated, but continues until the winding up of partnership affairs is completed.”
McGahren Ex Rel. Est. of McGahren v. First Citizens Bank & Trust Co., 111 F.3d 1159 (4th Cir. 1997). “See N.C. Gen. Stat. § 59-60 (1989). The North Carolina Court of Appeals has stated: [Dissolution of itself has no effect on existing liabilities of the partnership.”
Campbell v. Miller, 161 S.E.2d 546 (N.C. 1968). “Consequently, the defendants are not entitled to recover of him upon their allegations of breach of contract and deceit.”
Chesson v. Rives, 2013 NCBC 49 (N.C. Bus. Ct. 2013). · cites it 2× “N.C. Gen. Stat. § 59-60 ; Hajmm Co. v. House of Raeford Farms, Inc.”
Morris Int'l, Inc. v. Packer, 2021 NCBC 13 (N.C. Bus. Ct. 2021). · cites it 3× “” N.C.G.S. § 59-60. Simmons v. Quick-Stop Food Mart, Inc.”
O'Neal v. Burley (N.C. Ct. App. 2023). “BURLEY Opinion of the Court § 59-60 (2021). “Winding up generally involves the settling of accounts among partners and between the partnership and its creditors.”
Guthrie v. PHH Mortg. Corp. (E.D.N.C. 2022). “§§ 59-60. But that is insufficient to show or create a genuine issue of material fact as to whether defendant received notice of plaintiff's dispute to Equifax.”
Simmons v. Quick Stop Food Mart, Inc., 286 S.E.2d 807 (N.C. Ct. App. 1982). “” G.S. 59-60. Since legal title to the property remains in the partnership, the lease under which defendant is named tenant continues as a partnership affair.”
Ray v. Comm'r, 12 T.C.M. 1154 (Tax Ct. 1953). “The laws of both states relating to partnerships are identical in providing that a partnership does not terminate until its affairs have been completely wound up. See N.C.”
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