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.
1Dissent
McLaughlin, J. (dissenting):
The firm of Carl von Pustau & Co. was a limited partnership, of which von Pustau was the general and Heekscher the special partner, he having contributed the sum of $50,000.
The action is in equity for an accounting concerning certain transactions which took place between plaintiffs and it prior to the withdrawal of the amount contributed by the special partner, and for judgment for such amount as may be found due against the general partner and against the special partner to the extent of the amount withdrawn.
The statute limits the liability of a special partner to…
2Cases cited3 opinions
- Baily v. . HornthalNew York Court of Appeals · 1898
- Whiting v. Elmira Industrial Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Bliss v. HornthalAppellate Division of the Supreme Court of the State of New York · 1898