White v. Hackett

Decided June 6, 1857

New York Supreme Court · decided 1857-06-06

- The action was commenced by the plaintiffs, who were co-partners, as creditors of the limited partnership doing business under the name of Edward T. Haclcett, in the city of New York, on behalf of themselves and of all others, creditors of the said limited partnership, who should unite with them therein, or who should come in and prove their debts under the judgment to be made therein,- to restrain the defendants from disposing of the property and effects of the…

Cited by 1 later decisions — most recently February 1864

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-06-06

View the full empirical analysis of this case →

By the Court, Davies, J.

¶1The question presented for consideration in this case is, whether a special partner can come in and claim as a creditor of the partnership, until all -the other creditors are paid. I think he can; and that such was the weight of authority previous to the late act of the legisla*292ture, (a) Viewing that act as but declaratory of the law, the judgment of the special term should be reversed.

[New York General Term,June 6, 1857.

¶2Such, at any rate, is the will of the law-making power; and that is obligatory upon us.

¶3Judgment accordingly.

¶4Mitchell, Roosevelt and Davies, Justices.]

¶5 2 R. S. 763, Title relative to limited partnerships.