Ward v. Newell
New York Supreme Court
A PPEAL by the defendant from a judgment entered at a special term. The action was brought by the plaintiff upon certain promissory notes given to him for a good and valuable consideration by the defendants, who were the general partners in a copartnership firm in which the plaintiff was a special partner. The notes were made in the firm name. The action was tried before a referee, wrho reported in favor of the plaintiff.
1Opinion of the CourtClerks, J.
In White v. Hackett a special partner claimed to share the assets of the copartnership with other creditors, for advances made by him for the business of the firm, over and above the amount of capital he had contributed. The statute of this state, relating to limited partnerships,, expressly declares that in case of the insolvency or bankruptcy of a partnership, no special partner shall, under any circumstances, be allowed to claim as a creditor, until the claims of all the other creditors shall be satisfied.(a) Of course, in the face of a provision so plain and so peremptory, nothing ■was…
2Cases cited2 opinions
- White v. . HackettNew York Court of Appeals · 1859
- White v. HackettNew York Supreme Court · 1857
3Cited by5 opinions
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- Clapp v. LaceySupreme Court of Connecticut · 1868
- Buck v. . AlleyNew York Court of Appeals · 1895
- Buck v. AlleyNew York Supreme Court · 1894
- Jaffe v. KrumSupreme Court of Missouri · 1886