Sharp v. . Hutchinson
New York Court of Appeals
Appeal from order of the General Term of the Superior . Court of the city of Hew York, made February 19, 1883, which reversed a judgment in favor of defendant Hutchinson, entered upon an order dismissing the complaint as to him on trial. (Reported below, 17 J. & S. 50.) The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Superior . Court of the city of Hew York, made February 19, 1883, which reversed a judgment in favor of defendant Hutchinson, entered upon an order dismissing the complaint as to him on trial. (Reported below, 17 J. & S. 50.) The nature of the action and the material facts are stated in the opinion. When the certificate of partnership offered by the plaintiff was received in evidence the whole certificate was properly taken together, which showed that Hutchinson became a special partner only. (Hopkins v. Smith, 11 Johns. 161; Holliday v. MoDougall,…
1Opinion of the CourtEarl, J.
In April, 1880, the defendants attempted to form a limited copartnership for the purpose of carrying on business in the city of New York under the firm name of Hogg & Patterson, the defendant Hutchinson being the special partner. Thereafter the plaintiff sold the firm certain goods, and this action was brought against all the members of the firm to recover the price of such goods. The defendant Hutchinson alone defended, setting up as his answer the formation of the limited copartnership, and claiming exemption from liability-under the statute as a special partner.
The plaintiff in his…
2Cited by6 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Abendroth v. Van DolsenSupreme Court of the United States · 1889
- Fifth Avenue Bank v. ColgateNew York Court of Appeals · 1890
- Benedict & Burnham Manufacturing Co. v. HutchinsonThe Superior Court of New York City · 1886
- Continental National Bank of Boston v. StraussThe Superior Court of New York City · 1892
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