Lunt v. Lunt
New York City Court
Appeal from judgment for defendant on demurrer to her answer. George D. Lunt and John Hegeman sued Elizabeth H. Lunt, alleging that at the times mentioned in the complaint, plaintiffs were, and have ever since been, copartners in business in the city of New York, under the firm name of Lunt Brothers.
Read the full summary
Appeal from judgment for defendant on demurrer to her answer. George D. Lunt and John Hegeman sued Elizabeth H. Lunt, alleging that at the times mentioned in the complaint, plaintiffs were, and have ever since been, copartners in business in the city of New York, under the firm name of Lunt Brothers. That defendant was. administratrix of the estate of Benjamin P. Lunt, and that they had paid her $1,899.55 proceeds of insurance of a steamers on her agreement that if any demand was made on the owners of the steamer she would repay such proportion as would belong to the estate of her intestate…
1Opinion of the Court
Neilson, Ch. J.
It is claimed on behalf of the plaintiffs that the statutory prohibition as to carrying-on business under the names of fictitious persons did not apply to them or to their claim ; and that if it did the answer to which the demurrer was interposed was sufficient.
The act of 1833 (L. 1833, c. 281), which provided that “no person shall hereafter transact business in *81the name of a partner not interested in his firm,” has been modified in some respects. The act of 1854 (L. 1854, c. 400), which allows any of the copartners, in continuing the business of a firm, to continue the…
2Cited by2 opinions
- Arnstaedt v. BlumenfeldNew York Court of Common Pleas · 1885
- Stewart v. RobinsonNew York Supreme Court · 1888