Bell v. . Merrifield
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 2, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 2, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The complaint in this action alleged,' in substance, the formation of a limited partnership, in which defendant was the special partner; that said firm incurred an indebtedness to plaintiff’s assignors, and in an action thereon recovered judgment against the general partners, upon which execution was issued and returned unsatisfied; that said…
1Opinion of the CourtPeckham, J.
We agree with the General Term of the Supreme Court in the view taken of this complaint by that learned court. It is said in the opinion there delivered that the action may “ be treated as one in the nature of a creditor’s bill in equity, requiring the defendant to account for the capital and profits which he, as a special partner of the firm of Merrifield & McDowell, had drawn out and applied to his ■ own use, to the prejudice of the creditors of that firm.”
It is true, as the counsel for defendant says, the prayer for relief demands that the defendant be adjudged liable as a general partner,…
2Cases cited8 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Gates v. . PrestonNew York Court of Appeals · 1869
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
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3Cited by104 opinions
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- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
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