Casola v. Vasquez — 32 N.Y.S. 1140

Majority

p. 1140

CASOLA, Respondent, v. VASQUEZ, Appellant.

(Supreme Court, General Term, First Department.

March 15, 1895.)

Headnote

Action by Adolphe Casóla against Francisco Vasquez, impleaded, etc. From an order denying a motion to vacate an attachment, defendant appeals. Affirmed.

Jones & Govin, for appellant. Louis Marshall, for respondent.

The copartners, by an agreement, having assumed to form a limited copartnership fixing the liability of each as between themselves, cannot now be heard to say, in an action between themselves, that their rights were not controlled by such agreement. The order appealed from should be affirmed, with $10 costs and disbursements.