First Nat. Bank of San Marcos v. Smith

We adopt the statement of the case found in appellant’s brief, as follows:

“This suit was brought by Sidney Smith, Jr., as plaintiff, against the following defendants, viz.: Birkner & Beasley, a firm composed of Otto Birkner and D. K. Beasley; C. F. Gary, alleged to be a member of the partnership of Birkner & Beasley, who denied under oath that he was a member of such partnership; P. G. Silber, alleged to have been a member of Dallas Cement Stone Works, a partnership composed of plaintiff and said Silber, which partnership, it was alleged, had dissolved, said Silber transferring to and…