Hunter v. Ferguson
Colorado Court of Appeals
Appeal from the District Court of Weld County. ■ Prior to the first of November, 1890, appellants as partners under the firm name of Hunter & West, were doing a banking business at Greeley. About that date the business was closed, and they were succeeded by the Greeley National Bank.
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Appeal from the District Court of Weld County. ■ Prior to the first of November, 1890, appellants as partners under the firm name of Hunter & West, were doing a banking business at Greeley. About that date the business was closed, and they were succeeded by the Greeley National Bank. On the 25th of August, 1890, appellee deposited with the firm $225; on the third day of September made another deposit of $175; on the 30th day of September another deposit of $125; on October 6th another deposit of $175. For each of such deposits she received a certificate payable six months after date with…
1Opinion of the CourtReed, J.
Taking up the errors assigned in the same order as discussed by counsel, the third is the first to be considered, viz.: *291That the verdict and judgment sustaining the attachment were against the weight of evidence, and unsupported by the evidence. Ordinarily the vérdict of a jury will not be disturbed where the testimony is conflicting, and there is sufficient evidence to sustain the verdict.
The only question to be determined was that of fraud. It has been frequently said by the courts that fraud is a question of fact to be determined by the juty, by all the circumstances of the case ; but it…
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