Long & Berry v. Garnett
Texas Supreme Court
Error from Lamar. Tried below before the Hon. John 0. Easton. Garnett brought suit on a promissory note signed “Long, Berry & McBath,” a firm, against Samuel Long, C. B. Berry, Edward Long, and J. 1ST. McBath, alleged to be the members of the firm. Edward Long and McBath pleaded non est factum, and, on trial, a verdict was returned and judgment rendered thereon against all the defendants.
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Error from Lamar. Tried below before the Hon. John 0. Easton. Garnett brought suit on a promissory note signed “Long, Berry & McBath,” a firm, against Samuel Long, C. B. Berry, Edward Long, and J. 1ST. McBath, alleged to be the members of the firm. Edward Long and McBath pleaded non est factum, and, on trial, a verdict was returned and judgment rendered thereon against all the defendants. A motion for a new trial was granted to Edward Long and McBath; the court, however, in granting the motion, ordered and adjudged that the judgment, as to Samuel Long and Berry, should remain in full force,…
1Opinion of the Court
Gould, Associate Justice.
This suit was brought by Garnett on a note purporting to he executed by the firm of Long, Berry & McBath; the plaintiffs in error and Edward Long and James McBath being made defendants, as constituting the partnership. The two defendants plead non est factum, the other two making no defense, but claiming that their codefendants were also liable. There was a verdict and judgment against all of the defendants, but, on motion of the two pleading non est factum, the Court granted a new trial as to them, but at the same time directed that the judgment remain in full force…
2Cases cited1 opinion
- Hulme v. JanesTexas Supreme Court · 1851
3Cited by20 opinions
- J. M. Hamilton & Co. v. PrescottTexas Supreme Court · 1889
- Linn v. ArambouldTexas Supreme Court · 1881
- Wootters v. KauffmanTexas Supreme Court · 1887
- Wiseman v. CottinghamTexas Supreme Court · 1915
- Schintz v. MorrisCourt of Appeals of Texas · 1896
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