Fifth Avenue Bank v. Colgate
New York Court of Appeals
Appeals from judgments of the general term of the superior court of the city of New York, overruling defendant’s exceptions and directing judgments for the plaintiffs.
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Appeals from judgments of the general term of the superior court of the city of New York, overruling defendant’s exceptions and directing judgments for the plaintiffs. The first action was brought upon two promissory notes made by Humphrey & Co., in October and December, 1882, amounting to $11,958.57. The second action was brought upon six promissory notes made by Humphrey & Co., in September, 1882, amounting to $35,882.16. The alleged defence of the defendant, Colgate, was that he was a special partner of the firm of which the other defendants, Theodore F. Humphrey, James Humphrey and Correl…
1Opinion of the CourtBradley, J.
—The question presented is whether the defendant Colgate, as a special partner in a limited partnership, had protection against liability. Without the aid of the statute upon the subject, there was no relief for him against the responsibilities of a general partner. And to render it available as an exemption from liability, compliance with the provisions of the statute was essential in the formation of the limited partnership and in its renewal or continuance.
The view of the trial court upon the evidence was that it was legally and regularly formed and the contribution of $100,000 by Colgate…
2Cases cited9 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- McDonald v. HoveySupreme Court of the United States · 1884
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- President of Waterford v. PeopleNew York Supreme Court · 1850
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3Cited by17 opinions
- Van Arsdale v. HollingerCalifornia Supreme Court · 1968
- Riviera Congress Associates v. YasskyAppellate Division of the Supreme Court of the State of New York · 1966
- In re the Estate of BrandtAppellate Division of the Supreme Court of the State of New York · 1981
- Klebanow v. New York Produce ExchangeDistrict Court, S.D. New York · 1964
- Trustco Bank, National Ass'n v. StrongAppellate Division of the Supreme Court of the State of New York · 1999
12 more not listed; retrieve them via the Exa API.