Legal Opinion
Whitley v. Klauber
New York Court of Appeals
Decided November 25, 1980PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
When, as part of a plan to dispose of the assets of a limited partnership, all of the general and limited partners sell their interests in the partnership to a corporation in exchange for stock of the purchaser’s parent corporation, have the limited partners received a return of their partnership capital within the meaning of subdivision (4) of section 106 of the Partnership Law? If the answer to that question is affirmative, may a judgment creditor of the limited partnership who became a creditor prior to such *560sale recover from the former limited partners, to the…
2Cases cited14 opinions
- Selig v. HamiltonSupreme Court of the United States · 1914
- Christopher v. BrusselbackSupreme Court of the United States · 1938
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Johns v. JaebCourt of Appeals of Texas · 1974
- White v. . EisemanNew York Court of Appeals · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Partnership Equities, Inc. v. MartenMassachusetts Appeals Court · 1982
- James Rowland, Former Director, California Department of Corrections v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
- Bachewicz v. American National Bank & Trust Co.Appellate Court of Illinois · 1985
- Dayton Securities Associates v. Securities Group 1980Court of Appeals for the Eleventh Circuit · 1996
- Neuner v. C.G. Realty Capital Ventures-I, L.P. (In Re Sharps Run Associates, L.P.)District Court, D. New Jersey · 1993
14 more not listed; retrieve them via the Exa API.