THE INFLUENCE OF CONTROL IN THE DETERMINATION OF PARTNERSHIP LIABILITY

The influence of control in the determination of partnership liability raises many interesting questions. Particularly within the past decade or slightly more it has been considered by the courts, at times with considerable vigor and with little logic or historical background. A perusal of the texts on partnership discloses very little mention of control as a test of partnership. As a rule it has not earned a place in the indices.

The digests are almost equally devoid of place for it. In the few older cases where it is considered at all, it is quite often treated as a poor relative of agency, or of the principal trader test. It sometimes comes as an all inclusive and nonenlightening afterthought, thrown in as good measure for an unsatisfactory discussion.