Hayes v. New York Gold Mining Co.
Supreme Court of Colorado
Error to District Court, Gilpin County. The plaintiff below, present defendant in error, declared in debt upon a bond, dated November 38, 1870, executed by Martin B. Hayes, Samuel Mishler, B. C. Waterman, with condition as follows: Whereas, The said above bounden, Martin B. Hayes, is now in the possession of the Enterprise mill, under a lease from the said New York G-old Mining Company of Colorado ; and, Whereas, The said Hayes has this day sold to said company, two boilers…
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Error to District Court, Gilpin County. The plaintiff below, present defendant in error, declared in debt upon a bond, dated November 38, 1870, executed by Martin B. Hayes, Samuel Mishler, B. C. Waterman, with condition as follows: Whereas, The said above bounden, Martin B. Hayes, is now in the possession of the Enterprise mill, under a lease from the said New York G-old Mining Company of Colorado ; and, Whereas, The said Hayes has this day sold to said company, two boilers and one engine now in said mill and in good order, at an agreed price ; and, ' ' Whereas, Said engine and boilers are to…
1Opinion of the CourtHallett, C. J.
The bond upon which this action is founded shows that Hayes, the principal obligor, was in possession of the Enterprise mill, under a lease from defendant in error, and that he had sold to the latter, two boilers and one engine, then in the mill, to be delivered at the expiration of his term. The conditions of the bond require Hayes to surrender the mill, and the engine and boilers, in as good repair as they then were, at the expiration of the lease ; to perfect the title to the engine, and to pay the taxes assessed against the property for the years 1869 and 1870. In the declaration,…
2Cases cited5 opinions
- Preston v. BriggsSupreme Court of Vermont · 1844
- Jackson, ex dem. Butler v. GardnerNew York Supreme Court · 1811
- Gorham v. WingMichigan Supreme Court · 1862
- M'Clure v. ErwinNew York Supreme Court · 1824
- State ex rel. Grimes v. GreshamIndiana Supreme Court · 1848
3Cited by9 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- Manning v. StrehlowSupreme Court of Colorado · 1888
- Couch v. WelshUtah Supreme Court · 1901
- Farmers' Union Mutual Protective Ass'n v. San Luis State BankSupreme Court of Colorado · 1929
- P. J. Willis & Bro. v. PoundsCourt of Appeals of Texas · 1894
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