Legal Opinion

Connally v. W. H. Lyons & Co.

Texas Supreme Court

Decided December 22, 1891No. 3191PublishedCited by 30 opinions

This suit was originally brought by W. H. Lyons & Co., merchants, of New York, against Nathan Connally, to hold him personally liable for certain goods, wares, and merchandise sold by them to the firm of Connally & Co., of Sulphur Springs, at his instance and request. Defendant answered by general demurrer, and specially excepted to the petition that there was no allegation that the Connallys were insolvent and unable and unwilling to pay.

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This suit was originally brought by W. H. Lyons & Co., merchants, of New York, against Nathan Connally, to hold him personally liable for certain goods, wares, and merchandise sold by them to the firm of Connally & Co., of Sulphur Springs, at his instance and request. Defendant answered by general demurrer, and specially excepted to the petition that there was no allegation that the Connallys were insolvent and unable and unwilling to pay. Defendant excepted, also, that the petition disclosed a want of proper parties, and that the account was barred by limitation. The demurrers and exceptions…

1Opinion of the Court

GARRETT, Presiding Judge,

Section B.—Appellant’s first, second, and eighth assignments of error raise the question of parties as presented by his exceptions to the petition, but only on the ground that the persons who were claimed to be necessary parties were such as beneficiaries in a trust, and not as partners. If Connally & Co. were a partnership, all of the partners would be necessary parties to an action of debt for the price of the goods. It is not necessary to consider whether they would be in a suit for the value of the goods, if the possession thereof was obtained by the fraudulent…

2Cases cited6 opinions

  1. Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
  2. Buzar v. First National Bank of GreenvilleTexas Supreme Court · 1886
  3. New v. . NicollNew York Court of Appeals · 1878
  4. Sanford v. HowardSupreme Court of Alabama · 1857
  5. Hewitt v. PhelpsSupreme Court of the United States · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Beggs v. FiteTexas Supreme Court · 1937
  2. Thompson v. SchmittTexas Supreme Court · 1925
  3. Fink v. BrownTexas Commission of Appeals · 1919
  4. Wells v. MacKay Telegraph-Cable Co.Court of Appeals of Texas · 1921
  5. West Side Oil Co. v. McDormanCourt of Appeals of Texas · 1922

25 more not listed; retrieve them via the Exa API.

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