Holloway v. Blum

Citations

• 60 Tex. 625
• 1884 Tex. LEXIS 16

Syllabus

<p>1. Parties—Vende—Jurisdiction.— A mercantile firm, in Galveston obligated itself to a member of a mercantile firm in Fayette county to release the said member of all claims against his firm and to guaranty him immunity against all creditors of his firm if he would release and convey his interest in the firm to his copartners, which he did. Afterwards, in a suit brought by a third party in Fayette county, for a firm debt, against all the members of the Fayette county firm, the retiring member asked that the Galveston firm be made parties to the suit, and that he have judgment over against the firm for any sum adjudged against him in the suit. The memher of the Galveston firm appeared and pleaded to the jurisdiction of the court over him and interposed a general demurrer. Held:</p> <p>(1) The Galveston firm sustained no such legal or equitable relation to the plaintiffs as would have authorized a suit against them, even in Galveston county, where the members of the firm resided.</p> <p>(2) The Galveston firm was neither a necessary nor a proper party to the action.</p> <p>(3) There was no stipulation that the contract of the Galveston firm was to be performed in Fayette county.</p> <p>(4) The plea of the members of the Galveston firm, of the privilege of being sued in the county of their residence, was properly sustained.</p> <p>2. Distinguished.— This case distinguished from Legg v. McNeill, 2 Tex., 431; Garrett v. Gaines, 6 Tex., 446; Cooper v. Singleton, 19 Tex., 267, and other cases of that class, which axe referred to in the opinion.</p>