Legal Opinion

Mastin v. Bartholomew

Supreme Court of Colorado

Decided September 15, 1907No. 5409; No. 3066 C. APublishedCited by 10 opinions

Appeal from the District Court of the City and County of Denver. Hon. F. T. Johnson, Judge. Action by Haywood B. Bartholomew against James W. Mastin. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtJustice Campbell

This is an action by the holder (transferree) of a negotiable promissory note against the maker. The complaint is in the usual form, alleging execution and delivery of the note by defendant to the payee therein named, its subsequent indorsement and transfer before maturity by payee to plaintiff, who is alleged to be still the legal owner and holder, and nonpayment.

The answer admits execution of the note and nonpayment, but denies the other allegations of the complaint. As a second and separate defense, it is averred that the parties to the action are both physicians in the city of Denver, and…

2Cases cited12 opinions

  1. Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
  2. Shippen v. BowenSupreme Court of the United States · 1887
  3. Boothby v. ScalesWisconsin Supreme Court · 1871
  4. Perry v. JohnstonSupreme Court of Alabama · 1877
  5. A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897

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3Cited by10 opinions

  1. Fitzsimmons v. Olinger Mortuary Ass'nSupreme Court of Colorado · 1932
  2. Rudd v. RogersonSupreme Court of Colorado · 1956
  3. City of Boulder v. Plains Loan, Realty & Investment Co.Supreme Court of Colorado · 1924
  4. Colorado Vanadium Corp. v. Western Colorado Power Co.Supreme Court of Colorado · 1923
  5. Howry v. Sigel-Campion Livestock Commission Co.Supreme Court of Colorado · 1926

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