Theus v. Armistead

Citations

• 116 La. 795
• 41 So. 95
• 1906 La. LEXIS 581

Syllabus

<p>1. Partnership—Dissolution—Action Between Members.</p> <p>A member of a dissolved commercial firm, who has paid one of its obligations, has no right of action against his partner for reimbursement, save by suit for a settlement of the partnership.</p> <p>2. Same—Firm Transaction.</p> <p>Where the firm, A. & B., was succeeded by the firm, A. & O., and A. & C. gave their individual notes to a creditor of the firm of A. & B., held, that this was not a partnership transaction, though the firm of A. & C. may have used a portion of the assets of the firm of A. & B.</p> <p>3. Subrogation—Payment oe Judgment.</p> <p>One of two debtors in solido on payment of a judgment against both is subrogated to the rights of the judgment creditor against his codefendant to the extent of his part and portion of the debt, including interest and costs.</p> <p>[Ed. Note.—For eases in point, see vol. 4'4, Cent. Dig. Subrogation, § 8.]</p> <p>(Syllabus by the Court.)</p>