Horan v. Long
Texas Supreme Court
Appeal from Travis. The allegations in the answer were, that the note was given in the settlement of the partnership concerns; that the books showed an error in the settlement, specifying what the error was ; that there were errors in additions ; that some items were left out of the settlement which ought to have been charged to Long, specifying them, and some things not on the books at all, which ought to have been charged to Long, that Long, being the better penman, kept…
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Appeal from Travis. The allegations in the answer were, that the note was given in the settlement of the partnership concerns; that the books showed an error in the settlement, specifying what the error was ; that there were errors in additions ; that some items were left out of the settlement which ought to have been charged to Long, specifying them, and some things not on the books at all, which ought to have been charged to Long, that Long, being the better penman, kept the books. There was no statement of facts; but there was a bill of exceptions to the ruling of the Court, excluding the…
1Opinion of the CourtLipscomb, J.
A copartnership, in the sale of merchandise, had existed between the appellant Horan, and the appellee. Long. It appears, from an agreement under seal, executed by both, that the appellant purchased out all the interest of the appellee, in the mercantile concern, assuming the payment of its liabilities. For the purchase, appellant paid some money, and to secure the balance, gave his two notes with O’Brien and O’Connell, as sureties. The two notes falling due at different times, the first note was paid, and a part of the second; but, not being fully paid, the suit was brought. The appellant…
2Cited by11 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Price v. BiggsCourt of Appeals of Texas · 1919
- Marmon v. WallerMissouri Court of Appeals · 1893
- Smith v. Town of AnsonCourt of Appeals of Texas · 1913
- Lewis v. BattenCourt of Appeals of Texas · 1904
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