Legal Opinion

Kohler v. . Lindenmeyr

New York Court of Appeals

Decided January 20, 1892PublishedCited by 9 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon' an order made December 29, 1890, which overruled defendants’ exceptions and ordered judgment on verdict directed in favor of plaintiffs. This was an action to charge defendants, as general partners of the firm of P. Lent & Co., a limited partnership, with a debt of said firm. The facts, so far as material, are stated in the opinion.

Read the full summary

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon' an order made December 29, 1890, which overruled defendants’ exceptions and ordered judgment on verdict directed in favor of plaintiffs. This was an action to charge defendants, as general partners of the firm of P. Lent & Co., a limited partnership, with a debt of said firm. The facts, so far as material, are stated in the opinion. It was incumbent upon plaintiffs to prove some invalidity, or irregularity or defect, which converted the special or limited partnership into a general…

1Opinion of the CourtAndrews, J.

The certificate of the formation of the limited partnership of P. Lenk & Co., in which the defendant John Lindenmeyr was named as one of the special partners, stated that Lindenmeyr. had contributed $20,000 of the capital, and that the partnership was to commence on the 16th of November, 1885.' The certificate was dated November 6, 1885, but was not acknowledged until November 11, 1885, on which latter day Peter Lenk, one of the general partners, made and filed with the certificate an affidavit that the sums specified in the certificate to have been contributed by the special partners had…

2Cases cited1 opinion

  1. Van Ingen v. . WhitmanNew York Court of Appeals · 1875

3Cited by9 opinions

  1. Kittredge v. GrannisNew York Court of Appeals · 1926
  2. Hotopp v. . HuberNew York Court of Appeals · 1899
  3. In re RandallAppellate Division of the Supreme Court of the State of New York · 1904
  4. Chick v. RobinsonCourt of Appeals for the Sixth Circuit · 1899
  5. First National Bank v. HuberNew York Supreme Court · 1894

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API