LA MAR-GATE, INC. v. SPITZ


252 N.J. Super. 303 (1991)

599 A.2d 928

LA MAR-GATE, INC., PLAINTIFF-RESPONDENT, v. EUGENE B. SPITZ AND ELEANOR S. SPITZ, H/W, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1991.


Attorney(s) appearing for the Case

Obermayer, Rebmann, Maxwell & Hippel, attorneys for appellants (Frederick T. Cunningham, on the brief).

James E. Rafferty, attorney for respondent (James E. Rafferty, on the brief).

Before Judges KING, DREIER and GRUCCIO.


The opinion of the court was delivered by DREIER, J.A.D.

Dr. Eugene B. Spitz appeals from a directed verdict holding him responsible for a partnership note signed by him as a general partner. We here examine the responsibility of a partner for the contractual obligations of the partnership, and the necessity to join or attempt to join all responsible partners if any is to be held individually liable. We hold such joinder or attempted joinder is required.

Dr...

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