Lilley v. Randall
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This was an action of assumpsit brought by Randall, the appellee, against Lilly and Ckatfield, the appellants, upon two certain promissory notes. The declaration contained two special counts upon the notes, and the common counts.
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Appeal from District Court of Arapahoe County. This was an action of assumpsit brought by Randall, the appellee, against Lilly and Ckatfield, the appellants, upon two certain promissory notes. The declaration contained two special counts upon the notes, and the common counts. The defendants pleaded the general issue and two special pleas averring that the notes were made and delivered by the defendants to the plaintiff as part of the consideration to be paid by the defendants to the plaintiff as the consideration for the sale and delivery by plaintiff to the defendants of a certain band of…
1Opinion of the CourtElbert, J.
The demurrer to the two special pleas of the defendants below was properly sustained.
The second plea is a plea of total failure of consideration, whereas the matters alleged, properly pleaded, amount only to a partial failure.
The third plea is a plea of fraud, not affecting the execution of the notes, but the quality and value of the horses for which the notes were given.
It is not necessary, as claimed by counsel for the appellees, that the plea should allege a return of the horses, or an offer to return.
In case of fraudulent representations about the quality of the thing purchased, the…
2Cases cited5 opinions
- Burton v. StewartNew York Supreme Court · 1829
- Wheeler v. RandallIllinois Supreme Court · 1868
- Sherrod v. LangdonSupreme Court of Iowa · 1866
- McCullough v. CoxNew York Supreme Court · 1849
- Heaston v. ColgroveIndiana Supreme Court · 1852
3Cited by7 opinions
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- Ponder v. Altura Farms Co.Supreme Court of Colorado · 1914
- Gregg v. HayesColorado Court of Appeals · 1915
- History Co. v. FlintCourt of Appeals of Texas · 1891
- Gregg v. HayesColorado Court of Appeals · 1915
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