2778 ARTICLE; 73A

right to any claim of the retired partner or the representative of the de-
ceased partner against the person or partnership continuing the business,
on account of the retired or deceased partner's interest in the dissolved
partnership or on account of any consideration promised for such interest
or for his right in partnership property.

(9) Nothing in this section shall be held to modify any right of cred-
itors to set aside any assignnrent on the ground of fraud.

(10) The use by the person or partnership continuing the business of
the partnership name, or the name of a deceased partner as part thereof,
shall not of itself make the individual property of the deceased partner
liable for any debts contracted by such person or partnership.

An. Code, 1924, sec. 42; 1912, sec. 42. 1916, ch. 175, sec. 42.

42. (Rights of Retiring or Estate of Deceased Partner When the Busi-
ness is Continued.) When any partner retires or dies, and the business is
continued under any of the conditions set forth in section 41 (1, 2, 3, 5, 6),
or section 38 (2b), without any settlement of accounts as between him
or his estate and the person or partnership continuing the business, unless
otherwise agreed, he or his legal representative as against such persons
or partnership may have the value of his interest at the date of dissolution
ascertained, and shall receive as an ordinary creditor an amount equal
to the value of his interest in the dissolved partnership with interest, or,
at his option or at the option of his legal representative, in lieu cf interest,
the profits attributable to the use of his right in the property of the dis-
solved partnership; provided that the creditors of dissolved partnership
as against the separate creditors, or the representative of the retired or
deceased partner, shall have priority on any claim arising under this sec-
tion, as provided by section 41 (8) of this article.

An. Code, 1924, sec. 43. 1912, sec. 43. 1916, ch. 175, sec. 43.

43. (Accrual of Actions.) The right to an account of his interest shall
accrue to any partner, or his legal representative, as against the winding
up partners or the surviving partners or the person or partnership continu-
ing the business, at the date of dissolution, in the absence of any agreement
to the contrary.¹

See notes to sec. 18.

¹ Sec. 2 of act of 1916, ch. 175, provides for repeal of all acts or parts of acts incon-
sistent with said act of 1916.