Hotopp v. Huber

The action is to charge the defendants, as executors of Otto Huber, with a debt owing to the plaintiff by the firm of P. Lenk & Co., of which said Huber was a member. He did not intend to become a general, but a limited partner in the firm, and papers were executed which are on their face conformable to the statute relating to limited partnerships. It is alleged, however, that the affidavit made by Huber, in which he swore that he had contributed $50,000 in cash to the capital of the firm, was false, and in consequence he became liable as a general partner. Van Ingen v. Whitman, 62 N. Y. 513;…