President & Directors of the Manhattan Co. v. Phillips
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, in favor of defendant Laimbeer, entered upon an order made March 1, 1886, which overruled exceptions taken by plaintiff at the trial and ordered to be heard in the first instance at the General Term, and denied a motion for a new trial. (Reported below, 21 J. & S. 84.) Tké defendants, William.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, in favor of defendant Laimbeer, entered upon an order made March 1, 1886, which overruled exceptions taken by plaintiff at the trial and ordered to be heard in the first instance at the General Term, and denied a motion for a new trial. (Reported below, 21 J. & S. 84.) Tké defendants, William. I. Phillips and Laimbeer, were sued as copartners under the name of “ William I. Phillips,” and a recovery sought upon a promissory note dated January 3, 1884, alleged to have been made by them in that name. Laimbeer…
1Opinion of the CourtDanforth, J.
We agree with the court below that the publication of the certificate was in substantial compliance with the statute, and that there was no material variance between the statement as to the nature of the business to be conducted as the same was embodied in the certificate and the description given in the advertisements. We are, however, of opinion that the jury should have been permitted to inquire whether, the money of the special partner was paid in good faith as a real contribution to the capital of the concern or whether it was formal only. Both parties went into evidence. The principal…
2Cases cited2 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Metropolitan Nat'l Bk. of N.Y. v. . SirretNew York Court of Appeals · 1884
3Cited by16 opinions
- Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
- Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
- Carlisle v. . NorrisNew York Court of Appeals · 1915
- Fuld v. Burr Brewing Co.New York Court of Common Pleas · 1892
- Mackey v. WebbNew York Supreme Court · 1889
11 more not listed; retrieve them via the Exa API.