Bowen v. Argall
New York Supreme Court
Error from the FTew-York common pleas. Henry F. Bowen brought an action of assumpsit against David 0. Argali and William Argali, and declared against them for goods sold and delivered, and also on the common money counts. To the declaration was attached a copy of a promissory note made by David O. Argali alone, dated 21st October, 1835, for the sum of $345, payable to the plaintiff six months after date.
Read the full summary
Error from the FTew-York common pleas. Henry F. Bowen brought an action of assumpsit against David 0. Argali and William Argali, and declared against them for goods sold and delivered, and also on the common money counts. To the declaration was attached a copy of a promissory note made by David O. Argali alone, dated 21st October, 1835, for the sum of $345, payable to the plaintiff six months after date. The declaration was served upon William Argali alone, who put in a plea of non-assumpsit. The plaintiff claimed to recover against William Argali, as a member of a limited partnership…
1Opinion of the Court
By the Court,
Cowen, J.
No doubt the provisions of the 1 R. S. 753, 2d ed. prescribing the manner of instituting limited partnerships, must be substantially complied with, or the creditors may treat the members of the firm as general partners.
The objections in this case to the forms of institution, all arise upon the 9th section of the statute, which provides that “ the partners shall publish the terms of the partnership when registered, for at least six weeks immediately after such,registry, in two newspapers to be designated by the clerk of the county in which such registry shall be made; and…
2Cited by2 opinions
- People v. RobinsonNew York Supreme Court · 1858
- President of Manhattan Co. v. LaimbeerThe Superior Court of New York City · 1886