President & Directors of the Manhattan Co v. Laimbeer
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of 2Jew York in favor of the plaintiff, entered upon an order made January 6, 1886, which overruled defendant’s exceptions, denied a motion for a new trial and directed a judgment on a verdict. (Reported below, 21 J. & S. 22.) This action was brought against defendants as members of the firm of Phillips & Co., to recover an indebtedness of that firm.
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Appeal from judgment of the General Term of the Superior Court of the city of 2Jew York in favor of the plaintiff, entered upon an order made January 6, 1886, which overruled defendant’s exceptions, denied a motion for a new trial and directed a judgment on a verdict. (Reported below, 21 J. & S. 22.) This action was brought against defendants as members of the firm of Phillips & Co., to recover an indebtedness of that firm. Defendant Laimbeer alone appeared and answered, alleging that the firm was a limited partnership, duly formed under the statute; that he was a special partner, and so not…
1Opinion of the CourtPeckham, J.
Unless the courts below were right in holding that the filing of the certificate with the county clerk, in the absence of the recording thereof, was insufficient in .order to "form "a -limited partnership under the act, this judgment must be reversed, because there was undoubtedly evidence enough -in the case to go to the jury upon the question of fact whether or not the certificate and affidavit provided for in the act were filed with the county clerk and the certificate left with him for the purpose of being recorded and the fee therefor prepaid. Enough was done to make the filing of the…
2Cases cited9 opinions
- Veeder v. . MudgettNew York Court of Appeals · 1884
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- Cameron v. . SeamanNew York Court of Appeals · 1877
- Bishop v. CookNew York Supreme Court · 1850
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3Cited by34 opinions
- Pathway Bellows, Inc. v. Robert W. Blanchette, Richard C. Bond and John H. McArthur Trustees of the Penn Central Transportation Co.Court of Appeals for the Second Circuit · 1980
- Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
- Baccari v. De SantiAppellate Division of the Supreme Court of the State of New York · 1979
- White v. . EisemanNew York Court of Appeals · 1892
- Bailey v. CostelloWisconsin Supreme Court · 1896
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