Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of the other partners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same intent as the partner so acting or omitting to act.
Source: L. 31: p. 652, § 13. CSA: C. 123, § 13. CRS 53: § 104-1-13. C.R.S. 1963: § 104-1-13. L. 2004: Entire section amended, p. 1423, § 75, effective July 1.
ANNOTATION
Law reviews. For note, "Liability of Joint Tortfeasors in Colorado", see 30 Dicta 176 (1953). For article, "One Year Review of Contracts", see 34 Dicta 85 (1957).
Knowledge that note is given outside scope of partnership's business precludes recovery. Where one purchases a note from a partner with the knowledge that it is given for a purpose clearly outside of the scope of the partnership's business, he is not entitled to recover as against the partnership or either of the nonsigning partners. King v. Meckleburg, 43 Colo. 316, 95 P. 951 (1908) (decided prior to the earliest source of § 7-60-113).
Applied in Williams v. Burns, 463 F. Supp. 1278 (D. Colo. 1979).