Cavitt v. A. B. James & Co.

Citations

• 39 Tex. 189

Syllabus

<p>1. A surviving partner cannot convey a bill or promissory note of the firmi by endorsement.</p> <p>3. After the death of Brantly, of the firm of Brantly & Nations, appellants-drew their draft in favor of the firm. Nations, the survivor, endorsed it in the name of the firm and delivered it to the appellees in payment of a debt of the firm. Held, that such endorsement did not convey title-to the bill.</p> <p>8. (On rehearing.) If the use of a firm name as drawees and endorsers of a draft be merely fictitious, then the draft would have the same legal effect as if made payable to bearer.</p> <p>4. Where interrogatories are propounded to each of several plaintiffs by the-defendants, and only one of the plaintiffs answer them, it is error to admit such answers in evidence over objections by the defendants.</p>