Butterfield v. Sullivan
Supreme Court of Colorado
Error from the District Court of the City and County of Denver. Hon. F. T. Johnson, Judge. Action by James J. Sullivan, on a promissory note secured by trust deed, against Albert D. Butter-' field. Prom a judgment for plaintiff, defendant brings error. Decision en banc. Mr. Justice Campbell, Ml.
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Error from the District Court of the City and County of Denver. Hon. F. T. Johnson, Judge. Action by James J. Sullivan, on a promissory note secured by trust deed, against Albert D. Butter-' field. Prom a judgment for plaintiff, defendant brings error. Decision en banc. Mr. Justice Campbell, Ml. Justice Gabbert and Mr. Justice Maxwell dissent from the conclusion that the trustee’s application of the proceeds of the sale of the property on the note does not remove the bar of the statute.
1Opinion of the CourtJustice Caswell
- The defendant in error, who was plaintiff below, brought an action to recover the balance due on a note, with interest thereon, amounting to seven hundred and ninety-eight dollars and seventy cents ($798.70), together with the additional sum of one hundred and nineteen dollars and eighty cents ($119.80) as attorney’s fee, according to the terms of said note. This note was dated April 8th, 1893, was due one year after date, and was executed by *156the plaintiff in error. The suit was brought in 1903.
One of the defenses plead, and which is sufficient to dispose of this case, was the statute of…
2Cited by1 opinion
- Dodge v. EastSupreme Court of Colorado · 1937