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· 4/15/1940

In re W. K. Thomas

Citations

  • 259 A.D. 833
  • 19 N.Y.S.2d 656
  • 1940 N.Y. App. Div. LEXIS 6903

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • requiring less than unanimity for suit “when those in control of the business wrongfully decline” to act
  • “There can be no question a managing or general partner is bound in fiduciary relationship with the limited partners.”
  • \partners may include in the partnership articles practically 'any agreement they wish\ 1
  • “There can be no question that a managing or general partner of a limited partnership is bound in a fiduciary relationship with the limited partners[.]” (cleaned up)
  • “The derivative suit is, in effect, ‘a combination of two causes of action’ — one against the trustees for wrongfully refusing to sue and the other against the party who is liable to the trust.”
  • “[P]artners may include in the partnership articles practically ‘any agreement they wish’ and, if the asserted self-dealing was actually 11 contemplated and authorized, it would not, ipso facto, be impermissible and deemed wrongful.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.