Shulte v. Hoffman
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. Peter W. Gray. Suit by appellee against appellant for the dissolution of a partnership between them, in the business of a brewery.
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Appeal from Harris. Tried below before the Hon. Peter W. Gray. Suit by appellee against appellant for the dissolution of a partnership between them, in the business of a brewery. The petition alleged that the defendant had excluded the plaintiff from all participation in the business or its profits ; that defendant had failed to invest the amount which he had agreed to invest in said partnership business ; that the partnership was largely in debt to plaintiff for advances of money made by him, over and above the amount he had agreed to invest; that defendant was 'fraudulently appropriating…
1Opinion of the CourtWheeler, J.
It does not appear that the appellant offered evidence in support of his motion to set aside the award. In Payne v. Metz, (14 Tex. R) the Court received evidence which was of a character to fix upon the award the evident impress of partiality or misconduct on the part of the arbitrators. If the Court had excluded the evidence on the ground that the allegations of the petition impeaching and seeking to set aside the award were only supported by the affidavit of the party, the decision might have been different. To set aside an award there must be something more than the party’s own affidavit *682th…
2Cited by8 opinions
- Waters-Pierce Oil Co. v. State of TexasTexas Supreme Court · 1907
- Jamison & Harris v. National Loan Investors, Texas Court of Appeals, 14th District (Houston)1997
- Hunt Production Co. v. BurrageCourt of Appeals of Texas · 1937
- Hemm v. JuedeMissouri Court of Appeals · 1910
- Voigtlander v. BrotzeTexas Supreme Court · 1883
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