White v. . Eiseman
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 December 31, 1890, which overruled defendants’ exceptions, denied their motion for a new trial and ordered judgment for plaintiff on a verdict directed by the court.
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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 December 31, 1890, which overruled defendants’ exceptions, denied their motion for a new trial and ordered judgment for plaintiff on a verdict directed by the court. This action was brought to recover from the defendants, as general partners composing the firm of Spencer & Perkins, a demand of the plaintiffs against that firm for goods sold and delivered. The defendants Eiseman alleged in their answer that said firm was a limited partnership, composed of themselves as…
1Opinion of the CourtVann, J.
The primary object of the act authorizing limited partnerships was to encourage those having capital to become partners with those having skill, by limiting the liability of the former to the amount actually contributed to the firm. The next and incidental object was to furnish reasonable protection to those dealing with the concern by requiring certain acts to be done and public notice thereof given, so that all who desired might know the essential features of the arrangement. In order to prevent evasion and fraud, it was provided that any false statement in the certificate or affidavit…
2Cases cited11 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
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3Cited by27 opinions
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- Rathke v. GriffithWashington Supreme Court · 1950
- Whitley v. KlauberNew York Court of Appeals · 1980
- Crehan v. . MegargelNew York Court of Appeals · 1922
- Barklee Realty Co. v. PatakiAppellate Division of the Supreme Court of the State of New York · 2003
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