Crehan v. Megargel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Corrine Bailey and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the ■ county of New York on the 20th day of May, 1921, denying defendants’ motion for judgment on the pleadings dismissing the complaint herein, and also from an order entered in said clerk’s office on the same day overruling the demurrer interposed by the defendants to the complaint herein.
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Appeal by the defendants, Corrine Bailey and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the ■ county of New York on the 20th day of May, 1921, denying defendants’ motion for judgment on the pleadings dismissing the complaint herein, and also from an order entered in said clerk’s office on the same day overruling the demurrer interposed by the defendants to the complaint herein. Appeal by the defendants, Ralph G. Megargel and others, from an order of the Supreme Court, made at the New York Special Term and entered- in…
1Opinion of the Court
Greenbaum, J.:
The complaint sets up four separate causes of action upon differing theories, for damages alleged to have been sustained by reason of the breach of a contract between plaintiff and the copartnership of Megargel & Co. The first cause of action is predicated upon section 1946 of the former Code of Civil Procedure and section 34 of the Partnership Law (Laws of 1909, chap. 44; now Laws of 1919, chap. 408, § 94), upon the plea that a limited copartnership was illegally formed, thereby making the special partner as well as those whom he represented hable as general partners and that…
2Cases cited11 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- Suydam v. . BarberNew York Court of Appeals · 1858
- White v. . EisemanNew York Court of Appeals · 1892
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3Cited by2 opinions
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942