Speake v. White
Texas Supreme Court
Error from San Augustine. Action by the plaintiffs in error against William T. White and Cader B. Powell, late merchants trading under the name of White & Powell, on an account dated in December, 1851, with a written acknowledgment thereon, of a certain amount due, dated February 10th, 1853, and signed “ White & Powell, in liquidation.” At the return Term, on the 18th of April, 1853, Powell filed a demurrer and general denial.
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Error from San Augustine. Action by the plaintiffs in error against William T. White and Cader B. Powell, late merchants trading under the name of White & Powell, on an account dated in December, 1851, with a written acknowledgment thereon, of a certain amount due, dated February 10th, 1853, and signed “ White & Powell, in liquidation.” At the return Term, on the 18th of April, 1853, Powell filed a demurrer and general denial. On the 21st of April, Powell filed an amended answer, alleging that the partnership of White & Powell was dissolved on the 21th March, 1852, and that the said White,…
1Opinion of the CourtWheeler, J.
The principal question to be determined, is, whether the acknowledgment or promise, made by one of the co-partners and defendants, after the dissolution of the partnership, was binding upon the firm, and would warrant a recovery thereon, without other evidence of the antecedent indebtedness -of the firm.
Whether one partner has the power to bind the firm, by his *369acknowledgment, after the dissolution of the partnership, of an antecedent indebtedness, has been an unsettled and much disputed question. But there is certainly a great weight of authority, in the American decisions, in support of the…
2Cited by6 opinions
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- Cavitt v. A. B. James & Co.Texas Supreme Court · 1873
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