O'Brien v. Gilleland

COLLARD, Judge.

Where one member of a copartnership dies the partnership is at once dissolved, and the survivor can no longer carry on the firm business unless it may be where the articles of copartnership expressly so stipulate. Alexander v. Lewis, 47 Texas, 482.

The power of the survivor is to wind up the business, collect the assets, reduce same to possession, and pay the debts. He can sue upon debts due the firm, and do all things that the firm could do before dissolution for the purpose of settling up the copartnership affairs. Fulton v. Thompson, 18 Texas, 278; Pars. on Part., top pp.…