Messner v. Lewis
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by William Lewis, Caleb C. Garthwaite and William Grant, merchants, partners trading in Hew York in the State of Hew York under the name of Lewis, Garthwaite & Co., and in Hew Orleans in the State of Louisiana under the name of Grant, Lewis & Co., against D. Messner, on three promissory notes, one payable to Lewis, Garthwaite & Co., and the other two to Grant, Lewis & Co. There was an attachment.
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Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by William Lewis, Caleb C. Garthwaite and William Grant, merchants, partners trading in Hew York in the State of Hew York under the name of Lewis, Garthwaite & Co., and in Hew Orleans in the State of Louisiana under the name of Grant, Lewis & Co., against D. Messner, on three promissory notes, one payable to Lewis, Garthwaite & Co., and the other two to Grant, Lewis & Co. There was an attachment. The bond for attachment was signed with each partnership name “ per Wm. Stuart,” and by three sureties, one of whom was Wm.…
1Opinion of the CourtWheeler, J.
It is no objection to the petition, that the plaintiffs join in their suit several demands for debts contracted with them by the defendant in different firm names. They sue in their individual, not in their partnership names; and as the same persons were the parties to the several contracts, it is quite immaterial by what, or how many different names they may have transacted their business: they are still the same contracting parties, and the proper parties to bring suit upon their contracts, under whatever names contracted.
The only remaining objection to the judgment, which requires notice,…
2Cited by14 opinions
- Pollak v. SearcySupreme Court of Alabama · 1887
- McLane v. Kirby & SmithCourt of Appeals of Texas · 1909
- Schneider & Davis v. Ferguson & SonTexas Supreme Court · 1890
- Employer's Reinsurance Corp. v. BrockCourt of Appeals of Texas · 1934
- Holloway v. Paul O. Simms Co.Court of Appeals of Texas · 1930
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