White v. Hackett
New York Supreme Court
APPEAL from an order made at a special term.- The action was commenced by the plaintiffs, who were co-partners, as creditors of the limited partnership doing business under the name of Edward T. Haclcett, in the city of New York, on behalf of themselves and of all others, creditors of the said limited partnership, who should unite with them therein, or who should come in and prove their debts under the judgment to be made therein,- to restrain the defendants from disposing…
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APPEAL from an order made at a special term.- The action was commenced by the plaintiffs, who were co-partners, as creditors of the limited partnership doing business under the name of Edward T. Haclcett, in the city of New York, on behalf of themselves and of all others, creditors of the said limited partnership, who should unite with them therein, or who should come in and prove their debts under the judgment to be made therein,- to restrain the defendants from disposing of the property and effects of the partnership; for the appointment of a receiver; and to have the effects of the…
1Opinion of the Court
By the Court, Davies, J.
The question presented for consideration in this case is, whether a special partner can come in and claim as a creditor of the partnership, until all -the other creditors are paid. I think he can; and that such was the weight of authority previous to the late act of the legisla*292ture, (a) Viewing that act as but declaratory of the law, the judgment of the special term should be reversed.
[New York General Term, June 6, 1857.
Such, at any rate, is the will of the law-making power; and that is obligatory upon us.
Judgment accordingly.
Mitchell, Roosevelt and Davies, Justices.]
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2Cited by2 opinions
- Ward v. NewellNew York Supreme Court · 1864
- Ward v. NewellNew York Supreme Court · 1864