Robinson v. McIntosh
New York Court of Common Pleas
The complaint in this action was filed by the plaintiffs, as trustees under a general assignment, executed by an insolvent firm for the benefit of creditors; and alleged*, in substance, that the defendant, as a special partner, formed, with three other persons, a limited partnership, under the firm name of McIntosh & Henderson, pursuant to the provisions of the Revised Statutes of this state; that all the partners signed and acknowledged the usual certificate, wherein it was…
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The complaint in this action was filed by the plaintiffs, as trustees under a general assignment, executed by an insolvent firm for the benefit of creditors; and alleged*, in substance, that the defendant, as a special partner, formed, with three other persons, a limited partnership, under the firm name of McIntosh & Henderson, pursuant to the provisions of the Revised Statutes of this state; that all the partners signed and acknowledged the usual certificate, wherein it was stated that the special partner had contributed twenty thousand dollars as capital; that one of the general partners…
1Opinion of the CourtBy the Court. Woodruff, J.
The demurrer admits that the defendant united with Thomas and' James McIntosh and George Henderson in a certificate, stating that the parties had formed a limited partnership under the name or firm of “ McIntosh & Henderson,” in which the other parties were general partners and the defendant was special partner, and as such had contributed $20,000 to the common stock.
That such certificate was duly acknowledged and filed, accompanied by the affidavit of Thomas McIntosh that the defendant had paid in the said sum of $20,000 in cash; that the business contemplated was begun and continued about…
2Cases cited7 opinions
- Innes v. LansingNew York Court of Chancery · 1839
- Parker v. BrowningNew York Court of Chancery · 1840
- Townsend and Others v. GoeweyNew York Supreme Court · 1838
- Havens & Dorr v. HusseyNew York Court of Chancery · 1834
- Westerlo v. EvertsonNew York Supreme Court · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pritchett v. CommissionerUnited States Tax Court · 1985
- Pritchett v. CommissionerUnited States Tax Court · 1985