Smyth v. Lynch
Colorado Court of Appeals
Appeal from the District Court of PI Paso County. The River and Rail Electric Company was doing business in 1889 and the early part of 1890 in Colorado Springs. The dissensions among the parties interested in the company and business reverses led to a litigation out of which the present suit sprung. The disagreement respecting the management of the corporate affairs bred a purpose on the part of the stockholders to start proceedings for the appointment of a receiver.
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Appeal from the District Court of PI Paso County. The River and Rail Electric Company was doing business in 1889 and the early part of 1890 in Colorado Springs. The dissensions among the parties interested in the company and business reverses led to a litigation out of which the present suit sprung. The disagreement respecting the management of the corporate affairs bred a purpose on the part of the stockholders to start proceedings for the appointment of a receiver. Clement B. Smyth, the present appellant, lived in Delaware, and was a large stockholder in the company. One of the principal…
1Opinion of the CourtBissell, J.
The first thing to be settled is Smyth’s status with reference to the bond. His signature was affixed by Ferris, who assumed to act as his agent. If Ferris had authority, no question could arise respecting Smyth’s responsibility.- In the aspect which the case assumes on this appeal, it must be conceded Ferris was without the specific designation of authority requisite to the execution of this particular instrument. The appellee cannot insist on it, because the court instructed the jury that the power of attorney did not authorize him to sign the undertaking. The appellee took no exception to…
2Cases cited36 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Hamlin v. . SearsNew York Court of Appeals · 1880
- Hammond v. HanninMichigan Supreme Court · 1870
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1873
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
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3Cited by5 opinions
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- McIntosh-Huntington Co. v. RiceColorado Court of Appeals · 1899
- People ex rel. Lathrop v. Court of AppealsSupreme Court of Colorado · 1905
- McIntosh-Huntington Co. v. RiceColorado Court of Appeals · 1899