White v. Hackett

24 Barb. 290, 1857 N.Y. App. Div. LEXIS 27

• Court: New York Supreme Court
• Decided: June 6, 1857
• Status: Published

Opinion

By the Court, Davies, J.

The 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 legislature,

(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.

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

Judgment accordingly.

Mitchell, Roosevelt and Davies, Justices.]

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