Legal Opinion

President of Manhattan Co. v. Laimbeer

The Superior Court of New York City

Decided January 4, 1886Published

Exceptions heard at general term. Under the direction of the court, a verdict was' rendered against defendant Laimbeer, who alone defended. The exceptions taken on the trial were ordered to be heard in the first instance at the general term.

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Exceptions heard at general term. Under the direction of the court, a verdict was' rendered against defendant Laimbeer, who alone defended. The exceptions taken on the trial were ordered to be heard in the first instance at the general term. The question presented at general term was whether, under the evidence, defendant Laimbeer was hable as a general partner of Phillips & Co., he claiming that Phillips & Oo. was a limited partnership duly formed under title 1, chapter 4, part 2 of the Revised Statutes, and the various acts amending the same, in which limited partnership he was a special…

1Opinion of the Court

By the Court.

Van Vorst, J.

Limited partnerships can only be formed in pursuance of the statute, and in the manner substantially directed.

It is provided by statute, that persons desirous of forming such partnership, shall make, sign and acknowledge a certificate, the contents of which are given ; that the certificate shall be filed in the office of the clerk of the county in which the principal place of business of the partnership shall be situated ; that the certificate shall be recorded by the clerk in a book to be kept for that purpose, open to the public inspection; and that “ no such…

2Cases cited8 opinions

  1. Durant v. . AbendrothNew York Court of Appeals · 1877
  2. Van Ingen v. . WhitmanNew York Court of Appeals · 1875
  3. Haviland v. ChaceNew York Supreme Court · 1860
  4. Argall v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1846
  5. Henkel v. HeymanIllinois Supreme Court · 1878

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