Durant v. . Abendroth
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, in favor of defendant, entered upon an order made May 1, 1882, which overruled plaintiffs exceptions, and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, in favor of defendant, entered upon an order made May 1, 1882, which overruled plaintiffs exceptions, and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion. The ease is reported on a former appeal in 69 H. Y. 148. It is absolutely necessary for the formation of a limited partnership that the amount of capital contributed by the special partner shall have been actually paid in cash at or before the filing and record of the certificate and affidavit…
1Opinion of the CourtRapallo, J.
This action was brought against the defendant Abendroth, and the defendants Griffith and Wundrum, as copartners dealing under the firm name of Griffith & Wundrum, to recover a balance of account due from that firm to Colwell & Bro., and assigned to the plaintiff.
The defendant Abendroth alone defended. He denied the partnership as alleged in the complaint, and claimed that it was a limited partnership, formed under the statute, in which he was the special partner and Griffith and Wundrum were the general partners.
This defense was met by proof that the affidavit of the general partners filed…
2Cases cited9 opinions
- Innes v. LansingNew York Court of Chancery · 1839
- Robertson v. SmithNew York Supreme Court · 1821
- United States v. LefflerSupreme Court of the United States · 1837
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Schwinger v. . HickokNew York Court of Appeals · 1873
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3Cited by32 opinions
- Gratiot County State Bank v. Johnson Ex Rel. St. Louis Chemical Co.Supreme Court of the United States · 1919
- Vanderbilt v. VanderbiltNew York Court of Appeals · 1956
- Gordon v. MunnSupreme Court of Kansas · 1912
- Ward v. . BoyceNew York Court of Appeals · 1897
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
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