George v. . Grant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 27,1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court ou trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 27,1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court ou trial at Special Term. (Reported below, 28 Hun, 69.) This action was a creditor’s suit to set aside certain mortgages made by the defendant Palmer, a special partner in the firm Yose, Dinsmore & Co., alleged to have been made in violation of section 21 of the act of Limited Partnerships. (1 Rev. Stat. 767.) The mortgages were for the sum, in the aggregate, of…
1Opinion of the CourtAndrews, J.
We deem it unnecessary to determine the question which has been elaborately argued by counsel, whether by the true construction of the twenty-first section of the Limited Partnership Act, an assignment, transfer or mortgage by a special partner of his individual property, to secure his individual debts, made at a time when either the special partner or the special partnership firm is insolvent, is prohibited by that section, and made void as against the creditors of the partnership. The twentieth section avoids as against the creditors of the partnership all preferential transfers or…
2Cited by1 opinion
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