[55]
For what answer can you make to this case, O Fannius? When Roscius
settled with Flavius for his own share, did he leave you your right of action, or not?
If he did not leave it you, how was it that you afterwards exacted a hundred thousand
sesterces from him? If he did leave it, why do you claim
from him what you ought to demand and follow up yourself? For partnership is very like
inheritance, and, as it were, its twin sister. As a partner has a share in a
partnership, so an heir has a share in an inheritance. As an heir prefers a claim for
himself alone, and not for his co-heirs, so a partner prefers a claim for himself alone,
and not for his partners. And as each prefers a claim for his own share, so he makes
payments for his share alone; the heir, out of the share which he has received of the
inheritance the partner, out of that property with which he entered into the
partnership.
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