Gray v. Kendall
The Superior Court of New York City
Appeal from an order requiring complaint to be amended. The action was by Gray and others, on behalf of themselves and all other creditors, against the members of a limited partnership and their assignee under an assignment for the benefit of creditors, and it sought an accounting by the assignee, and an application of the assets, under direction of the court, to the claims of creditors.
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Appeal from an order requiring complaint to be amended. The action was by Gray and others, on behalf of themselves and all other creditors, against the members of a limited partnership and their assignee under an assignment for the benefit of creditors, and it sought an accounting by the assignee, and an application of the assets, under direction of the court, to the claims of creditors. The plaintiffs who appeared, and joined in the complaint, were several, not joint creditors. The only statement of their claims, as such creditors, which the complaint contained, was the following: “ That the…
1Opinion of the Court
By the Court.*—Bosworth, Ch. J.
This action cannot be maintained unless the plaintiffs were, or unless some one of them was, a creditor of the limited partnership of Ely, Bowen & McConnell at the time it was commenced.
The allegations employed to show that they were such creditors should be sufficiently definite and specific to inform the defendants when, in what manner, and by what contracts of said firm, it is claimed that they became indebted to the plaintiffs severally, and in what amount.
It is as important in a suit like the present, as in one brought to recover a judgment in personam,…
2Cited by1 opinion
- Sand Creek Turnpike Co. v. RobbinsIndiana Supreme Court · 1872