Drew v. Harrison & Bros.
Texas Supreme Court
Error from Harrison. This is an action on a promissory note. The plaintiff alleges that the defendants are partners trading under the name, firm and style of G. P. Harrison & Brothers, and that this note was executed by them under the ■said firm, name and .style. William P. Harrison, one of the defendants, is a non-resident. The other defendants, at the return Term, demurred to the petition and pleaded payment and a general denial.
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Error from Harrison. This is an action on a promissory note. The plaintiff alleges that the defendants are partners trading under the name, firm and style of G. P. Harrison & Brothers, and that this note was executed by them under the ■said firm, name and .style. William P. Harrison, one of the defendants, is a non-resident. The other defendants, at the return Term, demurred to the petition and pleaded payment and a general denial. At the succeeding Term, (G. P. Harrison having in the mean time departed this life, and the suit having abated as to him,) the remaining defendants pleaded that…
1Opinion of the Court
Hemphill, Ch. J.
The evidence related solely to the fact of partnership, and, so far as it went, it tended strongly to-that conclusion but we apprehend it was insufficient to establish the fact as a basis for judicial action. Where the existence of the partnership is to be deduced from the course of' dealing, conduct and declarations of the parties, one joint-transaction will not be sufficient to establish the fact of general partnership, so as to dispense with proof that the particular debt was contracted on the joint account. (Collyer on Partnership, Sec. 769; 2 Greenleaf on Ev. Sec. 483.)…
2Cited by32 opinions
- Thomason v. BerryTexas Commission of Appeals · 1925
- Gutta Percha & Rubber Manufacturing Co. v. City of CleburneTexas Supreme Court · 1908
- Ashcroft v. StephensCourt of Appeals of Texas · 1897
- Curry v. E. E. Stone Lumber Co.Court of Appeals of Texas · 1948
- Emery v. StateCourt of Criminal Appeals of Texas · 1909
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