P. J. Willis & Bro. v. Morrison
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. M. H. Bonner. This was an action brought by appellants, P. J. Willis & Bro., against John H. Morrison and H. C. Hunt, as merchant partners, doing business under the firm name of John II. Morrison & Co., on an instrument of writing directed to Double & Wooters, in favor of P. J. Willis & Bro., and signed “John H. Morrison & Co., per T. C. Hooker,” which instrument was partly paid. To recover the balance this suit was brought.
Read the full summary
Appeal from Anderson. Tried below before the Hon. M. H. Bonner. This was an action brought by appellants, P. J. Willis & Bro., against John H. Morrison and H. C. Hunt, as merchant partners, doing business under the firm name of John II. Morrison & Co., on an instrument of writing directed to Double & Wooters, in favor of P. J. Willis & Bro., and signed “John H. Morrison & Co., per T. C. Hooker,” which instrument was partly paid. To recover the balance this suit was brought. The petition alleged that Morrison & Hunt were partners; that Hooker was their agent; that they were liable on the…
1Opinion of the Court
Roberts, Chief Justice.
This is a suit upon an unpaid draft, against the drawers, alleged to be given for a previous debt due to the payees from the firm of Morrison & Co., of which Hunt was a member.
Morrison excepts, and pleads a general denial. Hunt also excepts, and pleads non esl factum, and that he was not, at the time said draft was executed, a partner in said firm. This is denied by plaintiffs, Willis & Bro., and in avoidance, it is also replied that Hunt, after its execution, fully ratified the act, which is denied by Hunt. There was a verdict for “defendant,” and judgment for both…
2Cases cited5 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Austin v. JordanTexas Supreme Court · 1849
- Forbes v. DavisTexas Supreme Court · 1857
- McFarland v. WoffordTexas Supreme Court · 1856
- Hawkins v. TinnenTexas Supreme Court · 1853
3Cited by8 opinions
- Kelsey v. MyersCourt of Appeals of Texas · 1930
- Baum v. McAfeeCourt of Appeals of Texas · 1910
- Hayden Saddlery Hardware Co. v. Ramsay & FordCourt of Appeals of Texas · 1896
- Keithley v. SeydellTexas Supreme Court · 1883
- Congdon & Aylsworth v. H. W. Monroe & Co.Texas Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.