§ 7-12-9. Partners not discharged by separate composition — Defenses to creditor’s action.
A composition or compromise is not to be so construed as to discharge the other copartners, except as provided in §§ 7-12-5 and 7-12-6; nor does it impair the right of the creditor to proceed against the members of the copartnership who have not been discharged. The members of the partnership so proceeded against are permitted to set off any demand against the creditor that could have been set off had the suit been against all the individuals composing the firm. They may avail themselves of any defense that would have been available had not this chapter been passed, except that they shall not set up the discharge of one individual as a discharge of all the other copartners, unless it appears that all were intended to be discharged.
History of Section.
G.L. 1896, ch. 156, § 5; G.L. 1909, ch. 185, § 5; G.L. 1923, ch. 212, § 5; G.L. 1938,
ch. 428, § 5; G.L. 1956, § 7-12-9.