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: 477
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1875.] WARREN v. WALLIS, LANDES & Co. 477
Opinion of the Court.
have known of the settlement. This evidence was properly
excluded by the court.
It is further objected, that the verdict of the jury is contrary
to the law, as declared by the Supreme Court, and is
It was a material inquiry on the trial, to show when the
attachment was levied, whether before or after the dissolution
of the partnership. The attachment was levied on the 11th
May, 1867. The witness Smith says the dissolution took
place about the time the attachment was levied, but before
the levy, Green had left Galveston for San Antonio, for the
purpose of settling with Sullivan, who had charge of the business
at that place. But the date of his departure from Galveston
is not given. The witness says, that Green, with quick
dispatch, might have reached San Antonio on the 11th May,
the date of the attachment levy. Whatever doubt the evidence
of Smith, and that of Sullivan in one of his depositions, may
have suggested as to the date of the dissolution of the partnership,
that doubt is dispelled by Sullivan in his last deposition,
in which he says that the partnership was dissolved on the
13th day of May, two days after the levy of the attachment.
In confirmation of his statement, he attaches to his deposition
a copy of the written release, signed by Green at San Antonio
on the 13th May, where Sullivan and Green then were.
Another question on the trial was, whether Green was indebted
to Sullivan on the settlement of their partnership accounts,
or whether the firm was indebted to other parties beyond
and in excess of the partnership property.
The witness Smith proved that Sullivan was largely indebted
to Green, and that the extent of it was greater than
Sullivan's share in the business and its profits. Sullivan testified,
that he was slightly behind with Green on settlement.
In his last deposition he states the terms of the dissolution of
the partnership, and says, that Green assumed the payment of
the firm debts, and that he retained all the assets of the partnership,
except so much as was due the firm from the de20
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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/m1/485/: accessed June 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .