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NeCede's

Maxim 4.5.8

No one should be retained in a partnership against his will.

Source: Selden v. Vermilya, 2 Sandf. (N.Y.) 568, 593; United Ins. Co. v. Scott, 1 Johns. (N.Y.) 106, 114; Weisman, 85a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Partnership is a voluntary association — any partner may withdraw at will, and no court will compel a man to remain bound in a partnership against his consent.

Where this applies

  • A partner in a law firm wants to leave and start his own practice; the other partners cannot force him to stay because no one may be retained in a partnership against his will.
  • A member of a business partnership demands dissolution after a falling-out with his co-partners; the court grants it because partnership is voluntary and cannot be compelled.
  • Two sisters run a bakery together, but one wants out; the court orders the partnership dissolved because forcing someone to remain in a partnership against her will is not permitted.

Legal domains

Cite this maxim

NeCede Max. 4.5.8 — No one should be retained in a partnership against his will. — Selden v. Vermilya, 2 Sandf. (N.Y.) 568, 593; United Ins. Co. v. Scott, 1 Johns. (N.Y.) 106, 114; Weisman, 85a

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