Dissolution is caused:
(1) Without violation of the agreement between the partners,
a. By the termination of the definite term or particular undertaking specified in the agreement,
b. By the express will of any partner when no definite term or particular undertaking is specified,
c. By the express will of all partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specific term or particular undertaking,
d. By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners;
(2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this section, by the express will of any partner at any time;
(3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership;
(4) By the death of any partner, unless the partnership agreement provides otherwise;
(5) By the bankruptcy of any partner or the partnership;
(6) By decree of court under G.S. 59-62. (1941, c. 374, s. 31; 1943, c. 384.)
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1955–2023 · leading case:
Wiggs v. Peedin, 669 S.E.2d 844 (N.C. Ct. App. 2008).
Wiggs v. Peedin, 669 S.E.2d 844 (N.C. Ct. App. 2008).
· cites it 2× “N.C. Gen. Stat. § 59-61 (4) (2003). Here, Peedin proposed that his and defendant’s partnership interest be passed to their surviving children if both of them died prior to March 2005.”
Browning v. Maurice B. Levien & Co., 262 S.E.2d 355 (N.C. Ct. App. 1980).
“Both general partners are now bankrupt so that the limited partnership has been dissolved pursuant to G.S. 59-61(5). Plaintiffs contend that they are entitled to bring this action on behalf of the partnership pursuant to G.”
Ewing v. Caldwell, 89 S.E.2d 774 (N.C. 1955).
“As surviving partner, she was required to give bond conditioned upon the faithful performance of her duties in the settlement of the partnership affairs, G.”
Campbell v. Miller, 161 S.E.2d 546 (N.C. 1968).
“” The Uniform Partnership Act, G.S. 59-61, provides that dissolution of the partnership is brought about “without violation of the agreement between the partners * * * by the express will of any partner when no definite term or particular undertaking is specified.”
Craver v. Nakagama, 379 S.E.2d 658 (N.C. Ct. App. 1989).
“G.S. 59-61(4); Bennett v. Trust Co., 265 N.”
Chesson v. Rives, 2013 NCBC 49 (N.C. Bus. Ct. 2013).
· cites it 2× “{29} As between Plaintiffs and the non-withdrawing partners, the withdrawal notice caused a dissolution, even though the non-withdrawing partners could continue the partnership pursuant to Section 1.”
Hardin v. Lewis, 2016 NCBC 55 (N.C. Bus. Ct. 2016).
· cites it 4× “There being no prior agreement between the partners regarding dissolution, the provisions of G.S. § 59-61(1)(b) applied, and Plaintiff's request caused a dissolution of the Firm as a matter of law on February 16, 2015.”
Morris Int'l, Inc. v. Packer, 2021 NCBC 13 (N.C. Bus. Ct. 2021).
· cites it 3× “N.C.G.S. § 59-61 (providing that unless specified otherwise in the partnership agreement, a partnership dissolves by “the termination of the definite term or particular undertaking specified in the agreement.”
O'Neal v. Burley (N.C. Ct. App. 2023).
· cites it 2× “N.C. Gen. Stat. § 59-61 (2021). “[D]issolution terminates all authority of any partner to act for the partnership.”
Gillespie v. Majestic Transp., Inc., 2016 NCBC 67 (N.C. Bus. Ct. 2016).
· cites it 2× “2d 399, 402-403 (1988); N.C. Gen. Stat. §59-61 (1)(b). the remainder of the relief requested in Plaintiffs’ motion for a temporary restraining order.”
Cole v. Graves, 399 S.E.2d 136 (N.C. Ct. App. 1991).
“” G.S. 59-61(4) of the Uniform Partnership Act provides that a partnership is dissolved “[b]y the death of any partner, unless the partnership agreement provides otherwise.”
Langdon v. Hurdle, 195 S.E.2d 72 (N.C. Ct. App. 1973).
“’ The Uniform Partnership Act, G.S. 59-61, provides that dissolution of the partnership is brought about ‘without violation of the agreement between the partners * * * by the express will of any partner when no definite term or particular undertaking is specified.”
— N.C. Gen. Stat. § 59-61(1)(b) — 1 case
Hardin v. Lewis, 2016 NCBC 55 (N.C. Bus. Ct. 2016).
“There being no prior agreement between the partners regarding dissolution, the provisions of G.S. § 59-61(1)(b) applied, and Plaintiff's request caused a dissolution of the Firm as a matter of law on February 16, 2015.”
— N.C. Gen. Stat. § 59-61(4) — 2 cases
Craver v. Nakagama, 379 S.E.2d 658 (N.C. Ct. App. 1989).
“G.S. 59-61(4); Bennett v. Trust Co., 265 N.”
Cole v. Graves, 399 S.E.2d 136 (N.C. Ct. App. 1991).
“” G.S. 59-61(4) of the Uniform Partnership Act provides that a partnership is dissolved “[b]y the death of any partner, unless the partnership agreement provides otherwise.”
— N.C. Gen. Stat. § 59-61(5) — 1 case
Browning v. Maurice B. Levien & Co., 262 S.E.2d 355 (N.C. Ct. App. 1980).
“Both general partners are now bankrupt so that the limited partnership has been dissolved pursuant to G.S. 59-61(5). Plaintiffs contend that they are entitled to bring this action on behalf of the partnership pursuant to G.”
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treatment. Dots show Syfertize treatment of the citing case itself.