Grabenheimer v. Rindskoff Bros.

Citations

• 64 Tex. 49

Syllabus

<p>1. Intervention — Attachment. — A subsequent attaching creditor may intervene in order to have the judgment of a previous attaching creditor set aside on the ground of fraud, and this without being required to execute bond,— though a failure on the part of the intervener to allege the insolvency of the debtor would be fatal to his petition.</p> <p>S. Partnership.— One who holds out to another person a third party as his • partner is liable to such person for debts contracted by the supposed partner in the course of the legitimate business of the supposed firm, after the acts which induced the belief that a partnership existed.</p> <p>3. Subrogation — Equity. — Equity subrogates a partnership creditor to the partner’s right to have the partnership property applied to the payment of the partnership debts. This right of subrogation applies only where there is a real partnership.</p>