Majority
p. 314Adolfo Casola, Respondent, v. Francisco Vasquez, Appellant, Impleaded with Another.
Headnote
A limited co-pa/rtnership agreement — rights of the partners controlled thereby.■Where co-partners by agreement assume to form a limited co-partnership, fixing the liability of each as between themselves, they cannot thereafter be heard to say in an actión between themselves that their rights were not controlled by such agreement.
Appeal by the defendant, Francisco Yasquez, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of December, 1894, denying his motion to vacate an attachment heretofore granted in the action.
Jones <& Q-oxvn, for the appellant.
louis Mctrshdll, for the respondent.
The co-partners, by an agreement, having assumed to form a limited co-partnership, fixing the liability of each as between them
p. 315
selves, 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 ten dollars costs and disbursements.
Present — Van Brunt, P. J., O’Brien and Eollett, JJ".
Order affirmed, with ten dollars costs and disbursements.