Burnley v. Rice
Texas Supreme Court
Error from Brazoria. Tried below before the Hon. Nelson H. Hunger. On the 29th of July, 1841, James Love conveyed to Albert T. Burnley one undivided half of his plantation in Brazoria county, and one half of all the slaves, stock of every description, farming utensils and everything attached' to and belonging to the plantation ; “ it being intended by this instrument to invest the said Burnley with one equal undivided' half, so as to make him a full and equal partner in the…
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Error from Brazoria. Tried below before the Hon. Nelson H. Hunger. On the 29th of July, 1841, James Love conveyed to Albert T. Burnley one undivided half of his plantation in Brazoria county, and one half of all the slaves, stock of every description, farming utensils and everything attached' to and belonging to the plantation ; “ it being intended by this instrument to invest the said Burnley with one equal undivided' half, so as to make him a full and equal partner in the plantation.” Burnley resided out of the State. Love resided at Galveston, and superintended the plantation and managed…
1Opinion of the CourtWheeler, J.
It sufficiently appears by the evidence, that Love and the plaintiff in error, Burnley, were joint owners and partners in the proprietorship and carrying eon of the plantation. Love was the acting and managing partner, having the sole superintendence and management of the business of the co-partnership. He contracted the indebtedness in question on account of, and to carry on the business of the co-partnership ; and pledged the partnership credit and effects for payment. This, in short, is substantially the case which the record presents ; and it would seem that there cannot be a question as…
2Cited by6 opinions
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- Dobie v. Southern Trading Co. of TexasCourt of Appeals of Texas · 1917
- Davis v. CookNevada Supreme Court · 1879
- Smith v. OvertonCourt of Appeals of Texas · 1927
- Tate v. HollyColorado Court of Appeals · 1912
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