Lachaise v. Marks
New York Court of Common Pleas
This action was instituted to recover from the three defendants, as general partners, the amount of a promissory note for $1,073 50, made by the firm of “ Lord & Brown.”
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This action was instituted to recover from the three defendants, as general partners, the amount of a promissory note for $1,073 50, made by the firm of “ Lord & Brown.” It was admitted, that in December, 1850, the defendants perfected all the statutory proceedings required to form a limited partnership, for the term of five years, except that the certificate recorded with the county clerk was alleged by the plaintiffs to have been irregular in the particular specified in the opinion of Woodruff, J. The note in suit was given in the course of the business of the firm. To July, 1854, the…
1Opinion of the Court
By the Court.
Woodruff, J.
After a careful reconsideration of the subject, and an examination of the authorities referred to by counsel on the argument, the opinions by which I was guided on the trial of this action are confirmed.
The certificate of the formation of the copartnership declares “ that all the general partners interested therein are George P. Lord and Samuel N. Brown, both of Brooklyn, in the county of Kings and state of New York; that the special partner interested therein is Abiel B. Marks, of Jersey City, in the county of Hudson and state of New Jersey,” &c., &c.
It is objected…
2Cases cited1 opinion
- Ex parte AldrichCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Lowin v. Dayton Securities Associates (In Re Securities Group 1980)United States Bankruptcy Court, M.D. Florida · 1988
- Winters v. Municipal Capital Corp.District Court, E.D. New York · 1939