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Zubaira Mussa v. Saudi Selemani, Civ. App. 140-D-67, 14/2/68 Duff J.
One partner had advanced by way of a loan (his full partnership share having been paid), Shs. 1,200/- to the partnership for which he had been repaid only in part, whereupon he brought this suit seeking to recover the balance.
Held: (1) The relation between partners is not one of debtor and creditor, unless and until the partnership has been dissolved. (2) Furthermore, the loss here claimed would have to be aggregated with all other partnership assets and liabilities and then the profit (or loss) he determined, and divided, absent a contrary agreement between the partners, equally among the partners.
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