Arapahoe Cattle & Land Co. v. Stevens
Supreme Court of Colorado
Appeal from Superior Court of Denver. Appellee, as plaintiff, filed his complaint in the superior court, alleging: (1) The corporate existence of defendant, the present appellant.
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Appeal from Superior Court of Denver. Appellee, as plaintiff, filed his complaint in the superior court, alleging: (1) The corporate existence of defendant, the present appellant. (2) That in February, A. D. 1884, the said defendant, desiring to borrow the sum of $15,000, then and there agreed with the plaintiff, in consideration of his procuring for said defendant company a loan of such or a less sum of money, to pay to him, for procuring the same, thirty-three and one-third per cent, of any such sum so as aforesaid by him procured to be loaned to it, to be paid to the plaintiff in shares of…
1Opinion of the CourtJustice Hayt
The points relied upon by appellants for a reversal of the judgment may be briefly stated as follows: (1) Insufficiency of the evidence to establish the alleged agreement. (2) Failure of the proof to show the performance by plaintiff of the conditions imposed upon him by the terms of the alleged agreement. (3) That said agreement is ultra vires, and cannot be enforced against the company if proven.
The uncontroverted evidence discloses that the defendant company was organized by E. F. Lamb, A. V. Scherrer and J. Jay Joslin, on or about the 2d day of January, 1884, with a capital stock of…
2Cases cited6 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Maher v. City of ChicagoIllinois Supreme Court · 1865
- Douglass v. . IrelandNew York Court of Appeals · 1878
- Lake Superior Iron Co. v. . DrexelNew York Court of Appeals · 1882
- Schenck v. . AndrewsNew York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Blish v. Thompson Automatic Arms Corp.Supreme Court of Delaware · 1948
- Model Clothing House v. HirschIndiana Court of Appeals · 1908
- Calivada Colonization Co. v. HaysU.S. Circuit Court for the District of Western Pennsylvania · 1902
- Bowers v. RIO GRANDE INVESTMENT COMPANYSupreme Court of Colorado · 1967
- Speer v. BordeleauColorado Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.