Cock v. Carson

Citations

• 45 Tex. 429

Syllabus

<p>1. Claims against an estate — Partnership.—A surviving partner running a steam-mill which belonged to the partnership, under authority of the Probate Court, bought new boilers for the mill: Held,, That the estate was not bound, except upon the survivor accounting for the profits of the mill and showing that the estate liiid been benefited by such purchase. An assignee holding the claim could only charge the estate by making the same proof.</p> <p>2. Surviving partner. — A surviving partner cannot bind the estate of a deceased member of the firm for debts incurred by him subsequent to its dissolution by the death of a member of the firm.</p>