Martin v. Hazzard Powder Co.
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. The guaranty upon which the action was founded is quoted in the opinion, and the issues are there stated. The pleas were not under oath. After putting in the note and guaranty, plaintiff (appellee) rested, and defendant (appellant) moved for judgment of nonsuit, which was denied. Appellant then testified that the guaranty was given by him some time after the note was made, and that it was without consideration.
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Appeal from District Court, Arapahoe County. The guaranty upon which the action was founded is quoted in the opinion, and the issues are there stated. The pleas were not under oath. After putting in the note and guaranty, plaintiff (appellee) rested, and defendant (appellant) moved for judgment of nonsuit, which was denied. Appellant then testified that the guaranty was given by him some time after the note was made, and that it was without consideration. Appellee then called one Reynolds, who was appellee’s agent, to prove the circumstances attending the making of the guaranty, and he…
1Opinion of the CourtStone, J.
This was an action of assumpsit, brought by the appellee against the appellant, to recover from the appellant the amount of a promissory note made by one J. T. Cornforth, payable to the appellee, for the sum of seventeen hundred and fifty-nine dollars and seven cents *599($1,759.07) with interest at the rate of ten per cent per annum, dated Cheyenne, Wyoming Territory, February 8th, 1870, upon a written guaranty, indorsed upon the back of said note, in the following words:
“For value received, I hereby guarantee full payment of the within note, eighteen months from this date. Denver, February 28,…
2Cases cited1 opinion
- Johnston v. JonesSupreme Court of the United States · 1862
3Cited by5 opinions
- Smith v. Kent Oil Co.Supreme Court of Colorado · 1953
- Pattillo v. AlexanderSupreme Court of Georgia · 1895
- Greenlees v. ChezikSupreme Court of Colorado · 1920
- State ex rel. Stock Inspection Commissioners v. NelsonSupreme Court of Colorado · 1924
- White Sewing Machine Co. v. FowlerNevada Supreme Court · 1904