Haggerty v. Foster
Massachusetts Supreme Judicial Court
Two actions of coNTBAGT against James S. Foster, Loring W. Barnes and Charles E. Carpenter, on promissory notes. On August 1, 1866, the defendants formed a partnership under the style of Barnes & Carpenter, by articles which set forth that Barnes and Carpenter were general partners, and Foster a special and limited partner, and that Foster contributed, as his share, to the capital, the sum of $6,666.66 “ in actual cash payment.”
Read the full summary
Two actions of coNTBAGT against James S. Foster, Loring W. Barnes and Charles E. Carpenter, on promissory notes. On August 1, 1866, the defendants formed a partnership under the style of Barnes & Carpenter, by articles which set forth that Barnes and Carpenter were general partners, and Foster a special and limited partner, and that Foster contributed, as his share, to the capital, the sum of $6,666.66 “ in actual cash payment.” On August 2, the partners acknowledged the certificate signed by them, required by the Gen. Sts. c. 55, § 3. This certificate, which was duly recorded on August 6,…
1Opinion of the CourtColt, J.
Upon the agreed statement of facts, the defendant Foster must be held liable as a general partner in the firm of Barnes & Carpenter. In the formation of the special partnership under the statute, there was a failure to comply with one requisition which is made necessary in order to secure exemption from such liability.
By the Gen. Sts. c. 55, §§ 2-4, the special partner is required to contribute to the common stock a specific sum in actual cash *19payment as capital; all the partners must make and severally sign a certificate, which shall contain, among other things, the amount of the capital…
2Cases cited1 opinion
- Foquet v. HoadleySupreme Court of Connecticut · 1821
3Cited by17 opinions
- Giles v. VetteSupreme Court of the United States · 1924
- First National Bank v. AlmyMassachusetts Supreme Judicial Court · 1875
- White v. . EisemanNew York Court of Appeals · 1892
- Briggs v. Cape Cod Ship Canal Co.Massachusetts Supreme Judicial Court · 1884
- Lineweaver v. SlagleCourt of Appeals of Maryland · 1886
12 more not listed; retrieve them via the Exa API.