Long v. Garnett

Citations

• 59 Tex. 229
• 1 Tex. L. R. 954
• 1883 Tex. LEXIS 137

Syllabus

<p>1. Evidence — Practice.— In a suit on a promissory note, the note itself must be produced in evidence, or its absence accounted for; but if secondary evidence of its contents be admitted without objection, the failure to produce the note cannot be urged for the first time on appeal. Robinson v. Brinson, 20 Tex., 438, cited and construed.</p> <p>2. Contribution — Partnership. — There must be an actual payment of a firm debt by one partner after dissolution before he can maintain an action for contribution against the other.</p> <p>8. Partnership.— While one of two or more partners cannot impose a new obligation on the firm after its dissolution, or vary, so as to bind the firm, the character of its existing contracts, yet, when one who has dealt with the firm during its continuance as such, receives from one of its members, after its dissolution, but ignorant thereof, a note in payment of a firm debt, the firm will be bound for its payment. Davis v. Willis, 47 Tex., 154, and Tudor v. White, 27 Tex., 584, followed. It is always a question of fact for the jury to determine whether the payee had notice or not of the dissolution.</p>