Haviland v. Chace
New York Supreme Court
APPEAL from a judgment entered on a verdict rendered at the Columbia circuit in 1860. The action was brought upon several notes made by the alleged general partner in a special partnership, and the defendant Ohace was sought to be held thereon, on the ground that he had not paid in, “in cash” the amount of capital which the papers filed alleged he had; the payment having been made in goods &c.
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APPEAL from a judgment entered on a verdict rendered at the Columbia circuit in 1860. The action was brought upon several notes made by the alleged general partner in a special partnership, and the defendant Ohace was sought to be held thereon, on the ground that he had not paid in, “in cash” the amount of capital which the papers filed alleged he had; the payment having been made in goods &c. The judge at the circuit held that he was' not thereby made a general partner, but was liable under the statute, for the engagements of the firm, up to the time for which the alleged special partnership…
1Opinion of the CourtPeckham, J.
Upon the first question involved in this case, as to the statute having been complied with by the alleged special partner, by paying in his capital in actual cash, there is no difference of opinion in the court. We all agree that it was no compliance.
The only remaining question arises upon the true construction of the eighth section of the act in regard to special partners. And here I may remark that the equities of any particular case, and the reliance that any creditor may have placed upon the credit of the alleged special partner, are blind guides in the sound interpretation of a general…
2Cases cited1 opinion
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
3Cited by19 opinions
- Oppenheimer v. Harriman National Bank & Trust Co.Supreme Court of the United States · 1937
- White v. . EisemanNew York Court of Appeals · 1892
- Lineweaver v. SlagleCourt of Appeals of Maryland · 1886
- Fifth Avenue Bank v. ColgateNew York Court of Appeals · 1890
- People v. Troy House Co.New York Supreme Court · 1865
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