PARTNERS. In Contracts. Members of a partnership.
Dormant partners are those whose names and transactions as partners are professedly concealed frum the world.
Nominal partners are ostensible partners who have no interest in the firm or business.
Ostensible partners are those whose names appear to the world as partners, and who in reality are such.
2. Who may be. Persons who have the legal capacity to make other contracts may enter into that of partnership. Collyer, Partn. 11, 12. A lunatic seems not to be absolutely incapable of being a partner. 2 Mylne & K.125 ; 6 Beav. Rolls, 324 ; 1 Lind ley, Partn. 76, 77. A minor may contract the relation of partner, as he may make any other trading contract which may possibly turn out to be for his benefit. 1 Stark. 25 ; 8 Taunt. 35 ; 5 Barnew. & Ald. 147. This contract is subject to the right of avoidance by the minor ; but, as in the case of continuing contracts, be is presumed to ratify it, aud will be liable on subsequent contracts made on the credit of the partnership, if he do not, within a reason able time after he has attained his full age, give notice of his disalErmance of, or other wise repudiate, the partnership. 5 Barnew. & Ald. 147 ; 9 Vt. 368 ; 2 Hill, So. C. 479 ; 3 Cush. Mass. 372 ; Collyer, Partn. .g 528 ; Chitty, Contr. 1860 ed. 170, 171 ; Story, Partn. 37 ; 3 Kent, Comm. 68 ; 1 Lindley, Perth. 74-76. It has been held that if a party who was a member of a firm during his minority does in any manner concur in carrying on the partnership, or receive profits from it, after he comes of age, it amounts to a confirmation, and will render him liable on the contracts of the firm made during his minority. 2 Hill, So. C. 497. The person with whom the minor contracts will be bound by all the consequences. Strange, 939 ; 2 Maule & S. 205.
Persons domiciled and trading in different countries at war with each other cannot be partners. Co117er, Partn. 14 ; 15 Johns. N. Y. 57 ; 16 id. 438 ; 3 Kent, Comm. 62, 67 ; 1 Lindley, Partn. 79.
3. A married woman cannot by the com mon law sustain the character of partner.
Collyer, Partn. 15 ; Story, Partn. 10 ; 3 De Gex, M. & G. 18 ; 1 Lindley, Partn. 77 ; 9 Each. 422. Where a married woman is authorized by custom to carry on a trade as a feme sole, it has been supposed that she may be a partner, Bohun, Priv. Lond. 187 ; 2 Bos. & P. 93 ; see 3 All. Mass. 127 ; 41 Me. 405 ; 46 id. 239 ; but the consent of the hus band tbat his wife may carry on trade for her sole and separate use does not necessarily import that she may involve herself in the complex transactions, responsibilities, and duties of a partnership. gtory, Partn. .g 12. In cases where the law treats the marriage as suspended, and allows the wife to act as a feme sole (as in cases of the civil death of the husband by exile, banishment, abjuration, or transportation), there may be ground to presume that, as she is thereby generally restored to her rights as a feme sole, she may enter into ft partnership in trade. Collyer, Partn. 12. See 2 Serg. & R. Penn. 189 •, 2 Nott & M'C. So. C. 242 ; 1 Bay, So. C. 162, 333. There is no general principle of law which prevents a corporation from being a partner with another corporation, or with ordinary individuals, except the principle that a corporation cannot lawfully employ its funds for purposes not authorized by its con stitution. 1 Lindley, Partn. 78.
Generally speaking, the common law im poses no restriction as to the number of persons who may carry on trade as part ners. Collyer, Partn. 11 ; 1 Lindley, Partn. 71.
4. Wh,o are partners. It persons suffer their names to be used in a business, or other wise hold themselves out as partners, they are to be so considered, whatever may be the engagements between them and the other partners. 14 Vt. 540 ; 3 Kent, Comm. 32, 33 ; Collyer, Partn. 86 ; 27 N. H. 252. In such eases they will be equally responsible with the other partners although they receive no profits ; for the contract of one is the contract of all. 2 Campb. 802 ; 2 McLean, C. C. 347 ; 5 Mill. La. 406, 409 ; 5 Bingh. 776 ; 10 Barnew.