Bell v. Merrifield
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon a nonsuit directed at the circuit. In 1870, a special copartnership was formed, in pursuance of the provisions of the Revised Statutes concerning limited partnerships, in which Silas Merrifield and William 0. McDowell were the general partners, and the defendant Edward L. Merrifield was the special partner, and they assumed the copartnership name of Merrifield & McDowell.
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Appeal from a judgment in favor of the defendant, entered upon a nonsuit directed at the circuit. In 1870, a special copartnership was formed, in pursuance of the provisions of the Revised Statutes concerning limited partnerships, in which Silas Merrifield and William 0. McDowell were the general partners, and the defendant Edward L. Merrifield was the special partner, and they assumed the copartnership name of Merrifield & McDowell. This firm did business until the 10th day of April, 1871, when it was dissolved. At the time of its dissolution this firm was indebted to Henry Lawrence & Sons,…
1Opinion of the Court
Barker, J.:
Upon a state of acts, such as the plaintiff’s evidence tended to prove, a case would be made creating a liability against the defendant, as a general partner, for all the debts of the firm of Merrifield & McDowell.
*222There is no claim made by the- plaintiff but that all the conditions and requirements of the statute (3 R. S. [5th ed.], 61, et seq.) were complied with in creating a limited partnership and starting it in business, except as to the failure to pay in, in cash, the capital to be contributed by the defendant. The other violation of the statute which the plaintiff sought to…
2Cases cited5 opinions
- Van Alstyne v. . CookNew York Court of Appeals · 1862
- Haviland v. ChaceNew York Supreme Court · 1860
- Whitewright v. StimpsonNew York Supreme Court · 1848
- Williams v. HanceNew York Court of Chancery · 1839
- First National Bank v. WhitneyNew York Supreme Court · 1871