Haddock, Reed & Co. v. Crocheron
Texas Supreme Court
Appeal from Bastrop. Tried below before the ITon. David Sheeks. In November, 1867, the appellants sued the appellee as a member of the. firm of Dimon & Crocheron, on two notes for $704 each, dated February 24th, 1860, and due respectively in three and four months after date. The notes were signed “ Dimon & Crocheron, in liquidation.” The petition alleged that Dimon was dead.
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Appeal from Bastrop. Tried below before the ITon. David Sheeks. In November, 1867, the appellants sued the appellee as a member of the. firm of Dimon & Crocheron, on two notes for $704 each, dated February 24th, 1860, and due respectively in three and four months after date. The notes were signed “ Dimon & Crocheron, in liquidation.” The petition alleged that Dimon was dead. Orocheron answered that the firm of Dimon & Orocheron -was dissolved long before the execution of the notes sued on ; ‘that he did not execute, nor authorize any one else to execute the notes sued on ; and that he was not…
1Opinion of the CourtLindsay, J.
There is really but a single question presented for our consideration by this record, and that is, can one partner, after a dissolution of the partnership, by a novation general, or by a new engagement with his creditor, in consideration of being discharged and released from a liability, contracted during the existence of the firm, bind the retired partner by such new engagement or new obligation ? This is not now an open question in this State. In Speake v. White, 14 Tex. R., 368, it was decided that “ the acknowledgment of an antecedent indebtedness by one partner, after dissolution, did…
2Cited by9 opinions
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- Ramirez v. First State Bank & Trust Co. of Rio Grande CityCourt of Appeals of Texas · 1935
- Crawford v. AustinCourt of Appeals of Texas · 1927
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