Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 295
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1875.] COOK v. WOOTTERS. 295
Opinion of the Court.
pose of paying the partnership debts; that the remainder of
the purchase money was, by consent of plaintiff and Mrs.
Long, settled by the execution of a note, by one of the Laceys,
payable to Josephine Long for the one half of the
purchase money still unpaid, the other Lacey executing a note
for the like amount payable to plaintiff. I-e further charged
that he received but one half of the draft for two thousand four
hundred and sixty-five dollars and twenty-five cents. Took &
Haden being notified on behalf of Mrs. Long not to pay
plaintiff more than one half; that they refused to pay him
more than one half, and that the other half was paid by them
to Mrs. Long or her father; that he has paid out, beyond assets
received, one thousand five hundred dollars; that defendants
have received from Mrs. Long, and have collected the note
executed in her favor by Lacey; that it came into their hands
with notice of his claim as surviving partner; that the note
or its proceeds constitute partnership assets, and he is entitled'
to the same. The defendants denied all knowledge of his
claim, asserted ownership, and the having paid a valuable consideration
to Mrs. Long for the same.
The jury returned a verdict in favor of defendants; and
plaintiff's motion for a new trial being overruled, he seeks, on
appeal, a reversal, on the following grounds: that "t the court
"c erred in its charge to the jury ;" that " the verdict is con"'
trary to the law and the evidence; " that " the court erred in
"refusing a new trial," and that " the judgment is erroneous in
taking tn the partnership property from the surviving partner,
( when the same was required to pay off partnership liabilities."
The first assignment, that the court erred in charge to the
jury, is so vague and pointless that it gives no intimation what
part of the lengthy charge of the court is complained of, and,
under the twenty-second rule of this court, might be disregarded
for its failure to comply with the rule. The original
and supplemental briefs for appellant urge the objection to
that portion of the charge to the jury in which the inquiry is
presented as to the purchase by defendants, for a valuable con
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/303/: accessed October 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .