Legal Opinion

La Montagne v. Bank of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1904PublishedCited by 4 opinions

Appeal by the defendant, The Bank of New York, National Banking Association, frdm a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 22d day of June, 1903, upon the report of a referee.

1Opinion of the Court

Ingraham, J.:

The facts in this case are stated in the opinion of Mr. Justice Hatch, in which in the main I concur. I do not, however, agree with him so far as he holds that any use by the general partners of the capital contributed by the special partners after its actual payment to the general partners, but before filing the certificate, would make the special partner liable as a general partner, or render the statement contained in the certificate, that the contribution of the special *221partner had been fully paid in cash, untrue. Undoubtedly the truth of the certificate is to be determined…

2Cases cited3 opinions

  1. Durant v. . AbendrothNew York Court of Appeals · 1877
  2. White v. . EisemanNew York Court of Appeals · 1892
  3. Metropolitan Nat'l Bk. of N.Y. v. . SirretNew York Court of Appeals · 1884

3Cited by4 opinions

  1. Carpenter v. DummitCourt of Appeals of Kentucky (pre-1976) · 1927
  2. In re GrayNew York Surrogate's Court · 1936
  3. Kilhoffer v. ZeisNew York Supreme Court · 1919
  4. Sweeney v. National City Bank of TroyAppellate Division of the Supreme Court of the State of New York · 1942

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