White v. Hackett

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

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 legisla ture,

Footnotes

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(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.