Lockhart v. Lytle
Texas Supreme Court
Error from Medina. Tried below before the Hon. J. J. Thornton. This was a suit brought October 8,1873, by Lockhart against Sam Lytle, alleging that there had been a partnership between plaintiff and the defendant, in raising sheep, in the county of Bandera, the same being a flock of about five thousand; that the said flock was put into the possession of one Bryce Little, who was to keep them till the expiration of the partnership, the 2d December, 1870; that in July, 1869,…
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Error from Medina. Tried below before the Hon. J. J. Thornton. This was a suit brought October 8,1873, by Lockhart against Sam Lytle, alleging that there had been a partnership between plaintiff and the defendant, in raising sheep, in the county of Bandera, the same being a flock of about five thousand; that the said flock was put into the possession of one Bryce Little, who was to keep them till the expiration of the partnership, the 2d December, 1870; that in July, 1869, Little left the sheep, notifying Lytle of his intention; that Lytle refused to take charge of them, whereupon the…
1Opinion of the Court
Gould, Associate Justice.
The petition seeks to recover contribution for certain expenditures of money and labor by a partner, for the use of the partnership, without going into a settlement of the partnership accounts; and the authorities are that such a suit cannot be maintained, at least not without showing a special agreement, or a separation of the transaction from partnership accounts. (Collyer on Partnership, sec. 284; Parsons on Partnership, 286; 1 Story’s Eq., sec. 664.)
Further, if the petition be held to state a cause of action, it shows an indebtedness accruing more than two years…
2Cited by15 opinions
- Smith v. ChipleyTexas Supreme Court · 1929
- Chipley v. SmithTexas Commission of Appeals · 1927
- Masterson v. AllenCourt of Appeals of Texas · 1934
- Pennington v. FlemingCourt of Appeals of Texas · 1919
- Peck v. PowellCourt of Appeals of Texas · 1924
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