Finlayson v. McDowell

(after stating the case as above).

The dismissal in the former suit as to Holland and the partnership did not abate the entire suit so as- to prevent recovery of judgment against Finlayson. Burton v. Roff (Tex.Com.App.) 292 S.W. 159; Fowler Comm. Co. v. Charles Land & Co. (Tex.Com.App.) 248 S.W. 314.

The petition in the former suit was based upon an alleged tort for which the partnership was liable, and the authorities cited also announce the settled rule in this state that partnership obligations bind the individual members severally as well as jointly.

The amended petition in the former suit…