· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.