Caplan v. Caplan
New York Court of Appeals
The partners are jointly and severally liable. (Allen v. Allen, 246 N. Y. 571; Thompson v. Thompson, 218 U. S. 611; Cons. Laws, ch. 39, §§ 24, 26, subd. 1; Roberts v. Johnson, 58 N. Y. 613; Matter of Peck, 206 N. Y. 55; Schubert v. Schubert Wagon Go., 249 N. Y. 256; First Nat. Bank v. Far son, 226 N. Y. 218.) The partnership is hable. (First Nat.
Read the full summary
The partners are jointly and severally liable. (Allen v. Allen, 246 N. Y. 571; Thompson v. Thompson, 218 U. S. 611; Cons. Laws, ch. 39, §§ 24, 26, subd. 1; Roberts v. Johnson, 58 N. Y. 613; Matter of Peck, 206 N. Y. 55; Schubert v. Schubert Wagon Go., 249 N. Y. 256; First Nat. Bank v. Far son, 226 N. Y. 218.) The partnership is hable. (First Nat. Bank v. Farson, 226 N. Y. 218; Schubert v. Schubert Wagon Co., 249 N. Y. 256.) The partnership has a distinct and independent status from the individuals who make up the partnership. (Cons. Laws, ch. 39, § 20; Hathaway v. Clendening Co., 135 App.…
1Opinion of the CourtLehman, J.
The plaintiff has brought an action against the members of a partnership, jointly and severally, to recover damages caused by the negligence of one partner while driving an automobile in the business of the partnership. The pleadings disclose that the negligent partner was the husband of the plaintiff. On that ground the plaintiff’s right to bring the action has been challenged.
“ A wife may not maintain an action against a husband nor a husband against a wife, for personal injuries, whether negligent or willful.” (Schubert v. Schubert Wagon Co., 249 N. Y. 253, 255; Schultz v. Schultz, 89 N.…
2Cases cited13 opinions
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- David v. DavidCourt of Appeals of Maryland · 1932
8 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Williams v. HartshornNew York Court of Appeals · 1946
- Worrell v. WorrellSupreme Court of Virginia · 1939
- Malanga v. Manufacturers Casualty InsuranceSupreme Court of New Jersey · 1958
- Slotkin v. Citizens Casualty Co. of New YorkCourt of Appeals for the Second Circuit · 1980
- Eule v. Eule Motor SalesSupreme Court of New Jersey · 1961
66 more not listed; retrieve them via the Exa API.