Flint v. A. B. Culbertson, Receiver for Fraternal Bank & Trust Co.

I respectfully dissent. The majority proceeds upon the erroneous theory (1) that it was not the intention of the Legislature when it used the term “any and all of the stockholders or members in Article 6137” Vernon’s Annotated Statutes of Texas, to broaden a statute by implication so as to render the petitioner, a married woman, liable to the creditors of the insolvent unincorporated joint stock association, and (2) upon the erroneous theory that “we deal here not with equitable principles, but with a rule of law.” Under theory Number One, the majority says that a married woman cannot become…