Hotopp v. Huber
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Emilie Huber and others, as executors, etc., of Otto Huber, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡New York on the 10th day of December, 1896, upon the decision of the court rendered after a trial at the ¡New York Trial Term before the court without a jury.
1Opinion of the Court
Parker, J.:
The judgment under review charges the defendants, as executors of Otto Huber, with the amount of the indebtedness due to this plaintiff from the firm of Peter Lenk & Co., of which Huber was a member.
Huber did not intend to become a general partner in the firm of. Peter Lenk & Co., but a limited partner, and the papers by which the limited partnership was sought to be created were on their face conformable to the statute authorizing such creation.. But the trial court decided that the affidavit which Huber made in compliance with section Y of the Limited Partnership .Ac-t (1 R. S.…
2Cases cited5 opinions
- White v. . BenjaminNew York Court of Appeals · 1896
- Continental National Bank of Boston v. StraussNew York Court of Appeals · 1893
- Van Riper v. PoppenhausenNew York Court of Appeals · 1870
- Kohler v. . LindenmeyrNew York Court of Appeals · 1892
- First National Bank v. HuberNew York Supreme Court · 1894
3Cited by1 opinion
- Mertens v. RocheAppellate Division of the Supreme Court of the State of New York · 1899