Richter v. . Poppenhausen
New York Court of Appeals
Appeal from a judgment entered upon the decision of the General Term of the Supreme Court, in the second judicial district, affirming the judgment of the Special Term dismissing the complaint of the plaintiff On the 6th day of October, 1865, John G. Perzel and Herman A. Schleicher formed a limited partnership, Perzel being the general partner, and Schleicher the special partner.
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Appeal from a judgment entered upon the decision of the General Term of the Supreme Court, in the second judicial district, affirming the judgment of the Special Term dismissing the complaint of the plaintiff On the 6th day of October, 1865, John G. Perzel and Herman A. Schleicher formed a limited partnership, Perzel being the general partner, and Schleicher the special partner. A certificate of such partnership was filed in the clerk’s office of the county of New York, on the said 6th day of October, 1865, and notice of such partnership was published in the World and Atlas. The parties…
1Opinion of the CourtIngalls, J.
The plaintiff failed to establish a state of facts which entitled him to the remedy which he sought under the 375th section of the Code. That section provides as follows: “ When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in section 136, those who were not originally summoned to answer the complaint may be summoned to show cause why they should not be bound by the judgment in the same manner as if they had been originally summoned.” The 136th section provides that in case the action is against defendants…
2Cases cited4 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Higgins v. FreemanThe Superior Court of New York City · 1853
- Morgan v. KingNew York Supreme Court · 1858
- Lane v. DotyNew York Supreme Court · 1848
3Cited by20 opinions
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- Pope v. . ColeNew York Court of Appeals · 1873
- Getty v. . BinsseNew York Court of Appeals · 1872
- Kohler v. . MatlageNew York Court of Appeals · 1878
- Thompson v. WhiteSupreme Court of Colorado · 1898
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