Arnold v. Danziger
U.S. Circuit Court for the District of Eastern Louisiana
In Equity. On demurrer. The bill of complainants in this case alleges that on the sixteenth of September, 1882, David Danziger, being then a dry goods merchant in New Orleans, entered into partnership with Leon Godchaux, by which Godchaux became a partner in commendam, and advanced to said Danziger the sum of $40,000; the said Danziger carrying on the business in his own name, as he was required by the law of Louisiana to do.
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In Equity. On demurrer. The bill of complainants in this case alleges that on the sixteenth of September, 1882, David Danziger, being then a dry goods merchant in New Orleans, entered into partnership with Leon Godchaux, by which Godchaux became a partner in commendam, and advanced to said Danziger the sum of $40,000; the said Danziger carrying on the business in his own name, as he was required by the law of Louisiana to do. That agreement of partnership was made for the term of two years, but before the expiration thereof, on the eighth of May, 1884, they agreed to continue and extend the…
1Opinion of the CourtPardee, J.
Two points are made by the demurrers in this case: (1) That the equitable asset sought to be reached in this case has passed to the possession of the syndic of Danziger in the insolvency proceedings instituted by him (Danziger) in the state courts of Louisiana. (2) That the extension of tlie partnership in commendam between Danziger and Godchaux, made during the existence of the original partnership before its term had expired, and relating only to the term of the partnership, was not the creation of a now partnership, and imposed no obligation on Godchaux to contribute another sum of…
2Cases cited5 opinions
- President of the Bank of Tennessee v. HornSupreme Court of the United States · 1855
- Muse v. YarbóroughSupreme Court of Louisiana · 1838
- Adams v. PrestonSupreme Court of the United States · 1860
- Dwight v. SimonSupreme Court of Louisiana · 1849
- De Lizardi v. GossettSupreme Court of Louisiana · 1846