Donoho v. Fish Bros. & Co.
Texas Supreme Court
Appeal from Bed Biver. Tried below before the Hon. B. B. Graines. On the 12th day of January, 1881, Hynes & Sherry, hardware merchants at Clarksville, executed a deed of assignment to J. B. Donoho, assignee, for the benefit of their creditors. The deed was executed by M. J. Hynes, as the managing member of the firm, for Hynes & Sherry, and contained a provision that it was for the benefit of such creditors only as would accept the assignment and discharge the debtors.
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Appeal from Bed Biver. Tried below before the Hon. B. B. Graines. On the 12th day of January, 1881, Hynes & Sherry, hardware merchants at Clarksville, executed a deed of assignment to J. B. Donoho, assignee, for the benefit of their creditors. The deed was executed by M. J. Hynes, as the managing member of the firm, for Hynes & Sherry, and contained a provision that it was for the benefit of such creditors only as would accept the assignment and discharge the debtors. There were a large number of creditors, and the estimated assets and liabilities were about equal. On the same day J. B.…
1Opinion of the Court
Stayton, Associate Justice.
The question as to whether or not one partner can, without the consent of his copartner, make an assignment of all of the copartnership property for the benefit of creditors, is not presented here; for although the deed of assignment, to be considered in this case, appears to have been executed by Hynes alone in the firm name, it does not appear that he had not authority from his copartner, Sherry, to execute it.
The question to be decided in the case is, can a copartnership, under the act of March 24, 1879 (General Laws, 1879, p. 57), make an assignment by a deed…
2Cases cited5 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Seaving v. BrinkerhoffNew York Court of Chancery · 1821
- Hennessy v. Western BankSupreme Court of Pennsylvania · 1843
- Thomas v. JenksSupreme Court of Pennsylvania · 1835
- Sangston v. GaitherCourt of Appeals of Maryland · 1852
3Cited by20 opinions
- Tracy v. TufflySupreme Court of the United States · 1890
- Coffin v. DouglassTexas Supreme Court · 1884
- Cunningham v. NortonSupreme Court of the United States · 1888
- Still v. WilkensTexas Supreme Court · 1886
- Baylor County v. CraigTexas Supreme Court · 1887
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