Continental National Bank of Boston v. Strauss
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 11, 1892, which affirmed a judgment in favoi of the defendant, Henry W. Strauss, entered upon an order of the court on trial, at Circuit which dismissed the complaint as tc said Strauss. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 11, 1892, which affirmed a judgment in favoi of the defendant, Henry W. Strauss, entered upon an order of the court on trial, at Circuit which dismissed the complaint as tc said Strauss. The nature of the action and the facts, so far as material,, are stated in the opinion. The trial court 'erred in ruling that defendant Strauss was proved to be a special partner. (Ropes v. Colgate, 17 Abb. [N. C.] 136; Van Ingen v. Whitman, 62 N. Y. 513; Plyer v. G. A. Ins. Co., 121 id.…
1Opinion of the CourtGray, J.
This is an appeal of the plaintiff from a judgment of the Superior Court of Hejv York city, dismissing its complaint, in an action brought upon a promissory note, as against the defendant Strauss The complaint alleged that the firm of Á Hoexter & Company, an indorser upon the note, was composed of the defendant Augustus Hoexter, Leo W. Hoexter and Henry W. Strauss, as general partners. Strauss answered, denying the allegation, and alleged that A.. Hoexter & Co. was a limited partnership, duly formed under the law, and in which he was the special partner. Upon the trial coming on, the…
2Cited by27 opinions
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- Aldrich v. BinghamDistrict Court, W.D. New York · 1904
- Executive Hotel Associates v. Elm Hotel Corp.Civil Court of the City of New York · 1964
- Alley v. ClarkDistrict Court, E.D. New York · 1947
- In re the Estate of BrandtAppellate Division of the Supreme Court of the State of New York · 1981
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