Seligman v. . Friedlander
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1910, which reversed an order of Special Term denying a motion to revive this action and to substitute the executors of the deceased defendant in his place and stead.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1910, which reversed an order of Special Term denying a motion to revive this action and to substitute the executors of the deceased defendant in his place and stead. Prior to the first of December, 1901, Albert Friedlander, Albert S. Faber and Edwin Potosky formed a copartnership under the firm name of A. Friedlander & Co., which was to continue until December 1st, 1907. On the third of May, 1906, Potosky assigned to said Friedlander “ his entire interest in…
1Opinion of the CourtVann, J.
The learned justices of the Appellate Division were of the opinion that by virtue of a statute known as the Partnership Law, copartners are liable severally as well as jointly and at law as well as in equity. Although this innovation on the common law is held to have been in force for nearly fourteen years, the bar, the courts and the public apparently had not realized that such a change had been made, or that it was seriously claimed to have been made, until the decision now under review was announced. This conclusion was based on section 6 of the Partnership Law passed in 1897, and when…
2Cases cited11 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Pope v. . ColeNew York Court of Appeals · 1873
- Wood v. . FiskNew York Court of Appeals · 1875
- Richter v. . PoppenhausenNew York Court of Appeals · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- People v. MerrittMichigan Supreme Court · 1976
- Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
- Betz v. HorrNew York Court of Appeals · 1937
58 more not listed; retrieve them via the Exa API.