First National Bank v. Whitney
New York Supreme Court
This was a motion by the defendant, Elisha D. Whitney, for a new trial upon a case, and the exceptions ordered to be heard in the first instance at General Term.
Read the full summary
This was a motion by the defendant, Elisha D. Whitney, for a new trial upon a case, and the exceptions ordered to be heard in the first instance at General Term. The complaint was upon a promissory note for $1,024.65, made by the firm of “ T. B. Whitney & Cohalen,” to the order of Livonia A. Gulick, and bearing date at New York on the 26th February, 1868. Among other things, it alleged that the payee and defendant, Livonia A. Gulick, was, at the date of the note, the wife of one Egbert Gulick, having a separate estate in her own right, of which she still remained seized; also that she then…
1Opinion of the Court
By the Court
Johnson, J.
The principal question for consideration in this case is, whether the defendant, Elisha D. Whitney, became liable, as a general partner of the firm of “ T. B. Whitney & Cohalen,” for the debt in question. He was a special partner, under the statute respecting limited partnerships. The partnership was formed on the 1st of May, 1867, and was, by the terms of the agreement, to continue for the term of three years, but might be dissolved on six months’ notice. The general partners were Thomas B. Whitney and John Cohalen. About the 6th of May, 1868, without giving the…
2Cases cited1 opinion
- Pentz v. StantonNew York Supreme Court · 1833
3Cited by6 opinions
- Panero v. CommissionerUnited States Tax Court · 1967
- Continental National Bank v. StraussThe Superior Court of the City of New York and Buffalo · 1892
- Metropolitan National Bank v. SirrettNew York Court of Appeals · 1884
- Bell v. MerrifieldNew York Supreme Court · 1882
- Continental National Bank of Boston v. StraussThe Superior Court of New York City · 1892
1 more not listed; retrieve them via the Exa API.