Edward H. Van Ingen, Respondent v. Nathaniel Whitman, Impleaded

Summary

The Court of Appeals affirmed the lower court's judgment, holding that a special partner's contribution must be made in actual cash, that any false statement in the required affidavit—whether intentional or not—makes the special partner liable as a general partner, and that once evidence contradicts the affidavit it cannot be used as rebutting proof. The decision rests on a strict reading of the limited partnership statute and rejects arguments that unintentional errors or convertible assets satisfy the cash contribution requirement.