Buck v. . Alley
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 ¡November 16, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Circuit without a jury. This was an action upon a promissory note given by the firm, doing business under the name of W. S. Alley & Co., to Elisha A. Buck, plaintiffs’ intestate.
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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 ¡November 16, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Circuit without a jury. This was an action upon a promissory note given by the firm, doing business under the name of W. S. Alley & Co., to Elisha A. Buck, plaintiffs’ intestate. Said firm consisted of W. S. Alley, as general partner, Ferdinand T. Hopkins and Thomas H. Thomas, as special partners. The execution of the note by Alley in the name of the firm…
1Opinion of the Court
Andrews, Ch. J.
The claim that section 13 of the Limited Partnership Act (2 Rev. St. 704), as amended by c. 661 of the Laws of 1866, permits the use by a limited partnership of the words and Company,’ or ‘ & Co.,’ as a part of the firm name, to represent the special partner, cannot be supported. The section, so far as now material, is as follows: “ The business of the partnership shall be conducted under a firm in which the names of the general partners only shall be inserted, except that where there are two or more general partners the firm name may consist of either one or more of such…
2Cases cited6 opinions
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
- Argall v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1846
- Beers v. . ReynoldsNew York Court of Appeals · 1854
- Ward v. NewellNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Staver & Abbott Manufacturing Co. v. BlakeMichigan Supreme Court · 1896
- Buckle v. IlerAppellate Terms of the Supreme Court of New York · 1903
- Crehan v. MegargelAppellate Division of the Supreme Court of the State of New York · 1922
- Myers v. Edison General Electric Co.Supreme Court of New Jersey · 1896
- Informal Opinion No., New York Attorney General Reports1988