1. If he has wilfully made or permitted a false or materially defective statement in the certificate of the partnership, the affidavit filed therewith, or the published announcement thereof, he is liable, as a general partner, to all creditors of the firm; 2. If he has wilfully interfered with the business of the firm, except as permitted in Article II. of this Chapter, he is liable in like manner; or, 3. If he has wilfully joined in or assented to an act contrary to any of the provisions of Article II. of this Chapter, he is liable in like manner. § 2502. When a special partner has unintentionally done any of the acts mentioned in the last section, he is liable, as a general partner, to any creditor of the firm who has been actually misled thereby to his prejudice. § 2503. One who, upon making a contract with a partnership, accepts from or gives to it a written memorandum of the contract, stating that the partnership is special, and giving the names of the special partners, cannot afterwards charge the persons thus named as general partners upon that contract, by reason of an error or defect in the proceedings for the creation of the special partnership, prior to the acceptance of the memorandum, if an effort has been made by the partners, in good faith, to form a special partnership in the manner required by Article I. of this Chapter. ARTICLE IV. ALTERATION AND DISSOLUTION. SECTION 2507. When special partnership becomes general. 2510. The name of a special partner not used, unless. § 2507. A special partnership becomes general if, within ten days after any partner withdraws from it, or any new partner is received into it, or a change is made in the nature of its business or in its name, a certificate of such fact, duly verified and signed by one or more of the partners, is not filed with the county clerk and recorder with whom the original ertificate of the partnership was filed, and notice thereof pub. lished as is provided in Article I. of this chapter for the publication of the certificate. § 2508. New special partners may be admitted into a special partnership upon a certificate, stating the names, residences, and contributions to the common stock of each of such partners, signed by each of them, and by the general partners, verified, acknowledged, or proved, according to the provisions of Article I. of this chapter, and filed with the county clerk and recorder with whom the original certificate of the partnership was filed. § 2509. A special partnership is subject to dissolution in the same manner as a general partnership, except that no dissolution, by the act of the partners, is complete until a notice thereof has been filed and recorded in the office of the county clerk and recorder with whom the original certificate was recorded, and published once in each week, for four successive weeks, in a newspaper printed in each county where the part nership has a place of business. § 2510. The name of a special partner must not be used in the firm name of partnership, unless it be accompanied with the word "limited." CHAPTER IV. MINING PARTNERSHIPS. SECTION 2511. When a mining partnership exists. 2512. Express agreement not necessary to constitute. 2514. Lien of partners. 2515. Mine- Partnership property. 2516. Partnership not dissolved by sale of interest. 2518. Takes with notice of lien, when. 2519. Contract in writing, when binding. 2520. Owners of majority of shares govern. § 2511. A mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually en gage in working the same. § 2512. An express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining partnership. The relation arises from the ownership of shares or interests in the mine and working the same for the purpose of extracting the minerals therefrom. § 2513. A member of a mining partnership shares in the profits and losses thereof in the proportion which the interest or share he owns in the mine bears to the whole partnership capital or whole number of shares. § 2514. Each member of a mining partnership has a lien on the partnership property for the debts due the creditors thereof, and for money advanced by him for its use. This lien exists notwithstanding there is an agreement among the partners that it must not. § 2515. The mining ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property. § 2516. One of the partners in a mining partnership may convey his interest in the mine and business without dissolving the partnership. The purchaser, from the date of his pur chase, becomes a member of the partnership. § 2517. A purchaser of an interest in the mining ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all creditors thereof, or advances made for the benefit of the partnership, unless he purchased in good faith, for a valuable consideration, without notice of such lien. § 2518. A purchaser of the interest of a partner in a mine when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of the partners to each other and to the creditors of the partnership. § 2519. No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived from the members thereof. § 2520. The decision of the members owning a majority of the shares or interests in a mining partnership binds it in the conduct of its business. TITLE XI. INSURANCE. CHAPTER I. INSURANCE IN GENERAL, §§ 2527-2649. III. FIRE INSURANCE, §§ 2752-2756. CHAPTER I. INSURANCE IN GENERAL. ARTICLE I. DEFINITION OF INSURANCE, $2527. IV. INSURABLE INTEREST, §§ 2546--2558. V. CONCEALMENT AND REPRESENTATION,§§ 2561-2588. VII. WARRANTIES, $$ 2603-2612. X. NOTICE OF Loss, §§ 2633-2637. ARTICLE I. DEFINITION OF INSURANCE. SECTION 2527. Insurance, what. § 2527. Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability, arising from an unknown or contingent event. Office and Duties of Insurance Commissioners, Pol. Code, $$ 594-632 Destruction of insured Property, Penal Code, § 548; Arson, Penal Code $$ 447-451. ARTICLE II. WHAT MAY BE INsured. SECTION 2531. What events may be insured against. 2532. Insurance of lottery or lottery prize unauthorized. 2534. All subject to this chapter. § 2531. Any contingent or unknown event, whether past or future, which may damnify a person having an insurable interest, or create a liability against him, may be insured against, subject to the provisions of this chapter. § 2532. The preceding section does not authorize an insurance for or against the drawing of any lottery, or for or against any chance or ticket in a lottery drawing a prize. Lotteries. Penal Code, §§ 324, 326. § 2533. The most usual kinds of insurance are: 1. Marine insurance; 2. Fire insurance; 3. Life insurance; 4. Health insurance; and, 5. Accident insurance. § 2534. All kinds of insurance are subject to the provisions of this chapter. ARTICLE III. PARTIES TO THE CONTRACT. SECTION 2538. Designation of parties. 2540. Who may be insured. 2541. Assignment to mortgagee of thing insured. § 2538. The person who undertakes to indemnify another by a contract of insurance is called the insurer, and the person indemnified is called the insured. § 2539. Any one capable of making a contract may be an insurer, subject to the restrictions imposed by special statutes upon foreign corporations, non-residents, and others. |