Tex. & St. L. R. R. Co. v. McCaughey
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Felix J. McCord. This suit was originally brought by the appellee, James MeCaughey, against Coventry, Price & Co. and the Texas & St. Louis Eailway Company.
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Appeal from Smith. Tried below before the Hon. Felix J. McCord. This suit was originally brought by the appellee, James MeCaughey, against Coventry, Price & Co. and the Texas & St. Louis Eailway Company. Coventiy, Price & Co. were the contractors for the construction of the railroad, and appellee was appointed by them to take charge of a boarding-train, and the amount due him. for furnishing laborers with board was for wages due the latter for work done on the road, and deducted by appellants and Coventry, Price & Co. from their wages in payment of board due McCaughey. The petition also…
1Opinion of the Court
Willie, Chief Justice.
It was held in the case of Alexander v. Stern, 41 Tex., 193, that service upon one partner, after the dissolution of the firm, and before the liabilities of the firm have been liquidated, is sufficient to authorize a judgment available against the partnership property. The plea in abatement in the present case, to which a demurrer was sustained, did not state that the firm affairs of Coventry, Price & Co. had been wound up, and the court, in determining the demurrer, was bound to presume that such fact did not exist, and under the above decision the demurrer was properly…
2Cases cited2 opinions
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Alexander v. SternTexas Supreme Court · 1874
3Cited by16 opinions
- Houston Oil Co. of Texas v. Village Mills Co.Texas Commission of Appeals · 1922
- Providence Institution for Savings v. SimsTexas Supreme Court · 1969
- Med Center Bank v. FleetwoodCourt of Appeals of Texas · 1993
- Midland Railway Co. v. WilcoxIndiana Supreme Court · 1890
- International & G. N. Ry. Co. v. Concrete Inv. Co.Court of Appeals of Texas · 1917
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