Court of Civil Appeals of Texas, 1878

Rhodius v. Storey

Rhodius v. Storey
Court of Civil Appeals of Texas · Decided April 24, 1878 · Ector
1 White & W. 143

Rhodius v. Storey

Opinion of the Court

Opinion by

Ector, P. J.

§ 336. Partnership; liability of, for act of agent. The hiring of a horse for a partnership purpose, and to be used by an agent of the firm, is within the scope Of the authority of either partner, -and such special contract entered into by one member is binding upon the firm. If, then, the contract so entered into was violated by the agent or employee, and the party with whom it was made *144thereby suffered loss, it must he compensated by the firm.

April 24, 1878.

§ 337. Service of citation upon one partner. In a suit against a partnership, service of process upon one of the partners is sufficient notice to all the members of the firm, but the judgment rendered in case of such service shall only be enforced against the partnership property, and the separate property of the partner who may have been served. [Pas. Dig. art. 1514.]

Reversed and reformed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.