Patterson v. Brown & Campion Ditch Co.
Colorado Court of Appeals
Error to the County Court of Mesa County. Defendant in error as plaintiff brought suit before a justice of the peace to recover money alleged to be due upon the assessment of ditch stock for money expended in keeping in repair the ditch of plaintiff. The defendants below were sued as the owners of 90 xr shares of the capital stock of the company, and it claimed $75.00 due as the amount properly chargeable to the stock.
Read the full summary
Error to the County Court of Mesa County. Defendant in error as plaintiff brought suit before a justice of the peace to recover money alleged to be due upon the assessment of ditch stock for money expended in keeping in repair the ditch of plaintiff. The defendants below were sued as the owners of 90 xr shares of the capital stock of the company, and it claimed $75.00 due as the amount properly chargeable to the stock. The judgment was for the defendants, an appeal taken by the plaintiff to the county court, a trial had by the court resulting in a judgment for the plaintiff. In the year 1883…
1Opinion of the CourtReed, J.
Upon the trial it was properly held by the court, inter alia, that the plaintiff by its own acts was estopped to claim the defendants as stockholders. They not having questioned the validity of the ex parte proceedings of the company, but acquiescing in them, it could not assert the illegality of its own proceedings and reinstate the parties as stockholders. This conclusion is eminently correct and needs no support from authorities. But in the findings of the court upon which its judgment was based there was serious error. After finding that on the 29th of November, 1890, the stock of the…
2Cited by1 opinion
- Nampa & Meridian Irrigation District v. ManvilleIdaho Supreme Court · 1918