Meyer v. Van Collem
New York Supreme Court
Demurrer to complaint. Three parties brought actions against the same defendants, who were partners, seeking at once to recover judgment. upon their respective demands, and to enjoin the defendants from disposing of their property, and to obtain the appointment of a receiver. The defendants demurred, and the issues were tried together, and the demurrers overruled at special term. The defendants appealed to the general term.
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Demurrer to complaint. Three parties brought actions against the same defendants, who were partners, seeking at once to recover judgment. upon their respective demands, and to enjoin the defendants from disposing of their property, and to obtain the appointment of a receiver. The defendants demurred, and the issues were tried together, and the demurrers overruled at special term. The defendants appealed to the general term. The contents of the pleadings are stated in the opinion.
1Opinion of the Court
By the Court.*—Sutherland, J.
—The complaints in these three cases may be considered as identical, in looking at the questions raised by the demurrers to the complaints. Each complaint states an indebtedness from the firm of De Young, PTewman & Schmidt to the plaintiff, or plaintiffs, setting out *223the origin or consideration of such indebtedness, and asks for a judgment for such indebtedness against all the defendants. The complaints then allege certain facts to show Yan Collern liable as a general partner; although, originally, by the terms of the partnership agreement, he was to be a special…
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- Bach v. BrownUtah Supreme Court · 1898
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