Miller v. Marx & Kempner

Willie, Chief Justice.

The evidence shows that W. S. Campbell and the wife of appellant had signed articles of partnership, and under them were carrying on a mercantile business, as partners, at the time the note upon which this suit is brought was executed.

The money invested in the business by Mrs. Miller, was the proceeds of the sale of her separate estate, and therefore her separate property.

This court has heretofore determined that a wife cannot become a partner in business, either with her husband or anyone else. Wallace v. Finberg, 46 Tex., 35; Cox v. Miller, 54 Tex., 25; Brown v.…