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COUNCIL DRAFT 4 VOLUME 2 126 (November 4, 1955)

handle is hein.ali/resctlw0005 and id is 1 raw text is: - 126 - § 86, PARTNERSHIPS OR OTHER UNINCORPORATED ASSOCIATIONS. (1) A state in which a partnership or other unincorporated association is subject to suit in the firm or common name has judicial jurisdiction over such partnership or association under the circumstances in which it would have judicial jurisdiction over an individual under the rules stated in §§ 81 to 85. (2) A Judgment rendered under such circumstances and upon proper service of process against the partnership or association is a binding adjudication as to the liability of the partnership or association with respect to its assets in any other state. [CHANGE. Subsection 1 of the rule has been changed to include other bases of judicial jurisdiction in addition to the doing of business. I Comment: _Ca.Caclty to be sued. A partnership or other unin- corporated association is not subject to suit in the absence of statute. At common law, only the members of such partnership or association may be sued; liabilities incurred are the liabilities of the giembers and judicial jurisdiction to enforce such liabilities depends upon jurisdiction over the members. In this country, a number of States now provide by statute that an action can be maintained against a partnership or association in its firm or common name. b, Bases for exercise of Judicial Ilurisdiction. If the partnership or other unincorporated association is by statute made subject to suit in its firm or common name, the state can exercise judicial jurisdiction over it under such circumstances as

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