Tarkinton v. C. E. Broussard & Co.
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. F. P. Wood. C. E. Broussard & Co., appellees, sued T. B. and J. P. Tarkinton, as partners, on a note made payable to plaintiffs, signed “ T. B. Tarkinton,” alleging that to be their partnership name. They also sued out an attachment, which was levied on a stock of goods claimed by J. P. Tarkinton and replevied by him.
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Appeal from Navarro. Tried below before the Hon. F. P. Wood. C. E. Broussard & Co., appellees, sued T. B. and J. P. Tarkinton, as partners, on a note made payable to plaintiffs, signed “ T. B. Tarkinton,” alleging that to be their partnership name. They also sued out an attachment, which was levied on a stock of goods claimed by J. P. Tarkinton and replevied by him. J. P. Tarkinton appeared, moved to quash the attachment, and demurred generally; and specially, that the petition alleged a partnership transaction and an individual promise; that it did not allege the ownership of the note nor…
1Opinion of the Court
Bonner, Associate Justice.
The material questions presented in argument by the brief of appellants arise upon the alleged insufficiency of the evidence to sustain the verdict and upon the judgment of the court overruling the motion to quash the attachment.
The jury having found, upon conflicting testimony, that T. B. and J. P. Tarkinton were partners, we do not feel author*554ized, under the evidence and the rules of practice, to say that the verdict was so clearly wrong as to authorize this court to set it aside.
The ground upon which the motion to quash was based, was that the original petition in…
2Cases cited4 opinions
- Ward v. LathropTexas Supreme Court · 1854
- Evans v. MillsTexas Supreme Court · 1856
- Primrose v. RodenTexas Supreme Court · 1855
- Sydnor v. ChambersTexas Supreme Court · 1843
3Cited by28 opinions
- Kildare Lumber Co. v. Atlanta BankTexas Supreme Court · 1897
- Boyd v. BevilleTexas Supreme Court · 1898
- Elmo v. JamesCourt of Appeals of Texas · 1926
- McDannell & Co. v. CherryTexas Supreme Court · 1885
- Cleveland v. San Antonio Building & Loan Ass'nTexas Supreme Court · 1949
23 more not listed; retrieve them via the Exa API.