Legal Opinion
Herrick v. Guild
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 1939PublishedCited by 16 opinions
1Opinion of the CourtO’Malley, J.
The plaintiff, a limited partner, sues at law to recover an alleged balance due of $20,429.89 out of his original total capital contributions of $350,000, it also being alleged that the general partners have themselves received part of their con*342tributions. It is the contention of plaintiff that he is entitled to receive the balance of his capital contribution before any further distribution is made to the general partners.
The complaint is attacked for insufficiency principally on the' ground that any action between partners should be in equity and that any action at law between partners must…
2Cases cited4 opinions
- Arnold v. . ArnoldNew York Court of Appeals · 1882
- Dalury v. RezinasAppellate Division of the Supreme Court of the State of New York · 1918
- Dalury v. . RezinasNew York Court of Appeals · 1920
- Stewart v. SandallAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by16 opinions
- Lenz v. Associated Inns & Restaurants Co. of AmericaDistrict Court, S.D. New York · 1993
- Drenis v. HaligiannisDistrict Court, S.D. New York · 2006
- Riviera Congress Associates v. YasskyAppellate Division of the Supreme Court of the State of New York · 1966
- Millard v. Newmark & Co.Appellate Division of the Supreme Court of the State of New York · 1966
- Guggenheimer v. CommissionerUnited States Tax Court · 1947
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