White v. Hackett

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*292ture, (a) Viewing that act as but declaratory of the law, the judgment of the special term should be reversed.

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.]