Texas & St. Louis R'y v. M'Caughey
Texas Supreme Court
Appeal from Smith County. STATEMENT. . Suit by appellee against appellant and Coventry, Price & Co,, for certain sums of money alleged to be due to plaintiff by defendants for labor performed in constructing the railroad.
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Appeal from Smith County. STATEMENT. . Suit by appellee against appellant and Coventry, Price & Co,, for certain sums of money alleged to be due to plaintiff by defendants for labor performed in constructing the railroad. It was alleged that Coventry, Price & Co., were contractors, and they employed plaintiff to take charge of a boarding house, and the amount due hin#was for wages due laborers for work done on the railroad, and deducted from the wages of such laborers by defendants to pay board due plaintiff ; that plaintiff furnished the board at the instance of defendants, and they were…
1Opinion of the Court
OPINION.
It was held in the case of Alexander v. Sterne (41 Texas, 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 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 sustained.
The…
2Cases cited2 opinions
- Alexander v. SternTexas Supreme Court · 1874
- The Park Bank v. . WoodNew York Court of Appeals · 1861