Dunham, Buckley & Co. v. Simon
Texas Commission of Appeals
Appeal from Washington. Tried below before the Hon. E. B. Turner. The appellants Dunham, Buckley & Co., as plaintiffs below, brought suit in the district court of Washington county against David Simon, Louis Friedman, Isaac Simon and Sana Friedman as partners, under the firm name of David Simon & Friedman, on a promissory note for $1,147.58, dated September 28, 1875. By proper process Bassett & Bassett were summoned as garnishees.
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Appeal from Washington. Tried below before the Hon. E. B. Turner. The appellants Dunham, Buckley & Co., as plaintiffs below, brought suit in the district court of Washington county against David Simon, Louis Friedman, Isaac Simon and Sana Friedman as partners, under the firm name of David Simon & Friedman, on a promissory note for $1,147.58, dated September 28, 1875. By proper process Bassett & Bassett were summoned as garnishees. On the trial the court rendered judgment in favor of the plaintiffs against the defendants David Simon and Louis Friedman, and against the plaintiffs in favor of…
1Opinion of the CourtWalkee, P. J.
The evidence establishes the fact beyond controversy, and to which no testimony is opposed, that all of the defendants had been partners together during the fall and winter of 1874-5, and also that during the years 1874 and 1875, they, under the firm name of David Simon & Friedman, had had, as mercantile customers of the plaintiffs, dealings with the plaintiffs, consisting in the purchase of goods by defendants of the plaintiffs, the execution of notes therefor and the payment of the same. It is not pretended that any notice to the plaintiffs was given, or that they knew of the dissolution of…
2Cases cited2 opinions
- Tudor v. WhiteTexas Supreme Court · 1864
- Ratcliff v. BairdTexas Supreme Court · 1855