Fuhrmann v. von Pustau
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Ernst Eichard Fuhrmann and another, from a judgment of the Supreme Court in favor of the defendant August Heckseher, entered in the office of the clerk of the county of Hew York on the 3d day of March, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining the said defendant’s demurrer to the amended complaint, and dismissing the said complaint as to him.
1Opinion of the Court
Ingraham, J.:
The complaint, the sufficiency of which is the question presented on this appeal, alleged that the defendants were copartners, the defendant von Pustau being the general partner and the defendant Heckscher a special partner who had contributed the sum of $50,000 to the copartnership ; that this special partnership expired by limitation on January 6, 1906 ; that on or about said 6th day of January, 1906, Heckscher, the special partner, received from the copartnership the sum of $50,000 theretofore contributed by him and withdrew such amount from the copartnership assets, although…
2Cases cited3 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Baily v. . HornthalNew York Court of Appeals · 1898
- Bliss v. HornthalAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by10 opinions
- Colonial Realty Corporation v. Bache & Co.Court of Appeals for the Second Circuit · 1966
- Klebanow v. New York Produce ExchangeCourt of Appeals for the Second Circuit · 1965
- Strain v. Seven Hills AssociatesAppellate Division of the Supreme Court of the State of New York · 1980
- Kittredge v. LangleyNew York Court of Appeals · 1930
- Jaffe v. HarrisMichigan Court of Appeals · 1981
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