Baylor County v. Craig

Citations

• 69 Tex. 330
• 6 S.W. 305
• 1887 Tex. LEXIS 827

Syllabus

<p>1. Assignment. — An assignment requiring releases from creditors, when made by a member of a firm, in the firm name, and by himself individually, in which he is not joined by his copartner, is void as to creditors.</p> <p>2. Same. — If the maker of an assignment for the benefit of creditors has represented another as being a member of his partnership firm, and he afterwards makes an assignment for such partnership, in which such other does not join, then, even though no partnership existed, the assignment is void as to creditors to whom such representations were made.</p> <p>3. Estoppel. — As a general rule, an estoppel created by a false representation acted upon, is commensurate with the thing represented, and operates to put the party entitled to the benefit of the estoppel in the same position as if the thing represented was true.</p>