If a partner who is authorized to manage collects a demandable sum, which was owed to him in his own name, from a person who owed the partnership another sum, also demandable, the sum collected shall be charged to the two (2) credits in proportion to their amounts, even when he may have given a receipt for his own account only; but should he have given it on account of the common funds, it shall all be charged to the credit of the latter.
The provisions of this section are understood without prejudice to the debtor using the privilege granted to him in § 3176 of this title, but only in the case the personal credit of the partner is more burdensome to him.
History —Civil Code, 1930, § 1575.