Van Ingen v. . Whitman
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought against defendants as copartners in the firm of George W. White & Co., to recover for goods sold to that firm.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought against defendants as copartners in the firm of George W. White & Co., to recover for goods sold to that firm. The defendant Whitman answered, setting up that the partnership wás a limited one, and he a special partner, and so not liable beyond the sum contributed by him to the common stock. The referee found, in substance, as follows: That for some time previous to the 1st of…
1Opinion of the CourtFolger, J.
The appellant intended to be no more than a special partner, and to contribute but $30,000 to the capital of a limited partnership. He believed that he had put into the possession of the new firm, property of that value. But it was not seriously contended at the trial and cannot be here, that he made payment of that sum to that firm, either by a personal handing over of that amount in money, or by giving his check therefor, or in any other way putting it by his personal act in possession of so much cash. The result of the testimony is, that he was entitled from the assets of the former firm,…
2Cases cited3 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Howard v. City Fire InsuranceNew York Supreme Court · 1847
- Ward v. NewellNew York Supreme Court · 1864
3Cited by36 opinions
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
- White v. . EisemanNew York Court of Appeals · 1892
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
- Lineweaver v. SlagleCourt of Appeals of Maryland · 1886
- Kittredge v. LangleyNew York Court of Appeals · 1930
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