P. J. Willis & Bro. v. Morrison

Citations

• 44 Tex. 27

Syllabus

<p>1. Pleading—Practice—Suit on draft.—In a suit against A and B on a draft, which on its face appears to have been executed by both of them as partners in the firm name, but which was executed by A only, judgment may be rendered against A, and in favor of B, when it is shown under plea of non est factum that the draft was not executed by B or by his authority.</p> <p>2. Practice.—The rigid system of the common law regarding forms of action, which required the plaintiff to be nonsuited if he sued two persons on a joint contract, and one of them showed himself not be liable, has no application here.</p> <p>3. distinguished from Spealce v. White, 14 Tex., 365. McFarland v. Wofford, 16 Tex., 602, approved.</p>