Beaton v. Wade
Supreme Court of Colorado
Appeal from District Court of Chaffee County. Fish & Beaton were partners in mercantile business. Wade, who was carrying on a similar business, became financially involved, and thus embarrassed. He owed Fish & Beaton an aggregate indebtedness of $1,243, and, desiring to insure their protection, made to them a bill of sale, with a nominal consideration of $2,500, absolute and unconditional in form, of his entire stock of goods.
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Appeal from District Court of Chaffee County. Fish & Beaton were partners in mercantile business. Wade, who was carrying on a similar business, became financially involved, and thus embarrassed. He owed Fish & Beaton an aggregate indebtedness of $1,243, and, desiring to insure their protection, made to them a bill of sale, with a nominal consideration of $2,500, absolute and unconditional in form, of his entire stock of goods. The stock of goods was duly delivered to Fish & Beaton, who proceeded to dispose of the same in the ordinary coui’se of trade. At the time of the foregoing transaction,…
1Opinion of the CourtChief Justice Helm
The complaint avers that a full and final settlement of all the partnership affairs had taken place between the surviving partner and defendant, as administrator of the egtate of the deceased partner. This averment is denied and squarely put in issue by the answer, but no proof whatever was offered upon the subject. Plaintiff, there*6fore, is certainly in no better position than if his pleading had left the matter unmentioned. And the record nowhere advises us that the firm assets in the hands of the surviving partner were not sufficient to satisfy plaintiff’s demand. But; so long as the…
2Cases cited2 opinions
- Durant v. RogersIllinois Supreme Court · 1877
- Charles v. EshlemanSupreme Court of Colorado · 1879
3Cited by2 opinions
- Thompson v. WhiteSupreme Court of Colorado · 1898
- De Monco v. MeansSupreme Court of Colorado · 1909