Beers v. . Reynolds
New York Court of Appeals
This was an action brought to recover of the defendants, Maginnis & Reynolds, the amount of a bill of goods sold by the firm of James H. Beers & Son, composed of the plaintiff and George W. Beers, on the 23d of April, 1848, and delivered to Maginnis. The defendant Reynolds appeared and answered, and the cause was tried at the Niagara circuit before Justice Mullett.
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This was an action brought to recover of the defendants, Maginnis & Reynolds, the amount of a bill of goods sold by the firm of James H. Beers & Son, composed of the plaintiff and George W. Beers, on the 23d of April, 1848, and delivered to Maginnis. The defendant Reynolds appeared and answered, and the cause was tried at the Niagara circuit before Justice Mullett. On the trial it was proved that on the 16th day of July, 1847, the defendants formed a limited partnership pursuant to the statute, to carry on the tailoring business at Lockport in the county of Niagara during two years from its…
1Opinion of the Court
Gardiner, Ch. J.
delivered the opinion of the court.
According to the original certificate acknowledged by Reynolds and Maginnis, the limited partnership between them was to continue for two years. The 24th section of the statute (1 R. S. 767,) expressly provides, that no dissolution by act of the parties shall take place,, previous to the time specified in the certificate, until a notice shall be filed, recorded and published in the manner therein prescribed. The demand in controversy was contracted within the two years, in the firm name, and as the jury have found, without any knowledge,…
2Cited by5 opinions
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- Lowin v. Dayton Securities Associates (In Re Securities Group 1980)United States Bankruptcy Court, M.D. Florida · 1988
- Lowin v. Dayton Securities Associates (In re the Securities Group 1980)United States Bankruptcy Court, M.D. Florida · 1988
- Whitley v. KlauberNew York Court of Appeals · 1980