Levy v. Look
New York Court of Common Pleas
. Appeal by defendant from a judgment of the general term of the Marine Court, reversing a judgment of that court, entered on the decision of a judge thereof, alter a trial before him without a jury. The action was brought to recover the balance due on two promissory notes made by the firm of White, Son & Whitmore, of which it was claimed the defendant Lock was at the time of making the notes a general partner.
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. Appeal by defendant from a judgment of the general term of the Marine Court, reversing a judgment of that court, entered on the decision of a judge thereof, alter a trial before him without a jury. The action was brought to recover the balance due on two promissory notes made by the firm of White, Son & Whitmore, of which it was claimed the defendant Lock was at the time of making the notes a general partner. Lock defended, claiming that his liability was not that of a general partner, but of a special partner, under the statute (1 R. S. 764, as amended by L. 1862, ch. 476, p. 880). The…
1Opinion of the CourtLarremore, J.
On the 15th of March, 1871, the firm of White, Son & Whitmore (of which the defendant claimed to be a special partner) made two promissory notes to the order of plaintiff, at five and seven months, for $644 19 each. Judgment was rendered in the court below against the defendant as a general partner of said firm, and from the reversal of said judgment by the general term of that court this appeal is taken.
The evidence discloses the following facts, to wit: That James M. White, Charles C. White, Stephen O. Whitmore and James Lock (respondent) entered into a copartnership agreement, dated April…
2Cases cited1 opinion
- Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by6 opinions
- White v. . EisemanNew York Court of Appeals · 1892
- Stowe v. MerrileesCalifornia Court of Appeal · 1935
- Harry David Zutz Insurance Inc. v. H. M. S. Associates, Ltd.Superior Court of Delaware · 1976
- Adam v. MussonAppellate Court of Illinois · 1891
- Manhattan Co. v. LaimbeerNew York Supreme Court · 1886
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