Legal Opinion

Normand v. Normand

Supreme Court of New Hampshire

Decided March 5, 1940No. 3142Published

1Opinion of the CourtMarble, J.

It is the general rule that the death of a partner dissolves the firm and vests in the surviving partner or partners the possession and management of the partnership property for the purpose of settling the firm’s affairs. Cotton v. Stevens, 79 N. H. 224. It is not uncommon, however, for articles of copartnership to provide the method by which the partnership affairs shall be settled, and when such provisions exist they must prevail. Parsons, Partnership (4th ed.), s. 344.

Partners “may agree that upon the death of any of their number, the survivors shall become the absolute owners of the firm…

2Cases cited3 opinions

  1. Kann v. Wausau Abrasives Co.Supreme Court of New Hampshire · 1925
  2. Kann v. Wausau Abrasives Co.Supreme Court of New Hampshire · 1931
  3. Cotton v. StevensSupreme Court of New Hampshire · 1919

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