BROWNING v. MAURICE B. LEVIEN & CO.

No. 7826SC761.

262 S.E.2d 355 (1980)

Norman BROWNING, John Hubly, James Thorton, Hilda Reich, Harrold Gobeille, David Weisbert, Harry Shrier, Joseph Shrier, Eugene Bohlander, Howard Guggenheim, Paul Eckelberry, Eugene Kandel, Sterling Pfeiffer, Philip Drake, Ralph String, John Robinson, John McDonald, M. G. Browne, Joseph Thomas, Robert Hays and Joe Fasset v. MAURICE B. LEVIEN & CO., P. C.; Maurice B. Levien; Maurice B. Levien & Co.; and Maurice Levien Associates.

Court of Appeals of North Carolina.

February 5, 1980.


Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Mark R. Bernstein, Fred T. Lowrance and Francis O. Clarkson, Charlotte, for plaintiffs-appellants.

Craighill, Rendleman, Clarkson, Ingle & Blythe by J. B. Craighill and William B. Webb, Jr., Charlotte, for defendants-appellees.


WEBB, Judge.

The plaintiffs have alleged that the action was brought "on their own behalf and, in the alternative, derivatively on behalf of the Partnership." We deal first with the question of whether the plaintiffs may bring this action on behalf of the limited partnership. We hold they may not. G.S. 59-26 provides:

A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases