Hentz v. Havemeyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louisine W. Havemeyer and others, as executors, etc., and Charles H. Senff, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day. of October,. 1908, as resettled by an order entered on the 11th day of November, 1908, bringing in the said executors as parties defendant in the place of Henry O. Havemeyer, deceased, -and also an appeal by the said Charles…
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Appeal by the defendants, Louisine W. Havemeyer and others, as executors, etc., and Charles H. Senff, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day. of October,. 1908, as resettled by an order entered on the 11th day of November, 1908, bringing in the said executors as parties defendant in the place of Henry O. Havemeyer, deceased, -and also an appeal by the said Charles H. Senff from so much of the resettlement order as denies his motion to strike out from the prior order the provision…
1Opinion of the Court
Miller, J.:
This action was brought against Henry O. Havemeyer and Charles H. Senff upon a claim against them as copartners. The appellants contend that the representatives of a deceased partner cannot be sued for a partnership debt or substituted in the place of their decedent in an action already begun, unless the surviving partner is insolvent or until the remedy against him has been exhausted. It is also contended that the motion should have been denied for laches, and that the appellant Senff was prejudiced by the permission granted the plaintiff to withdraw the demurrer without previous…
2Cases cited2 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Potts v. . DounceNew York Court of Appeals · 1903
3Cited by3 opinions
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- Seligman v. FriedlanderAppellate Division of the Supreme Court of the State of New York · 1910
- Lane v. FennNew York Supreme Court · 1912