Walton v. First Nat. Bank
Supreme Court of Colorado
Appeal from District Court of San Juan County. By the complaint in this cause it is alleged that plaintiff, on March 25, 1884, was a creditor of H. P. Walton in the sum of $4,040, evidenced by a promissory note dated December 1, 1883. That on March 25, 1884, judgment was obtained and execution issued, and levy made upon certain chattel property. That a long time prior to March 25, 1884, H. P. Walton was insolvent.
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Appeal from District Court of San Juan County. By the complaint in this cause it is alleged that plaintiff, on March 25, 1884, was a creditor of H. P. Walton in the sum of $4,040, evidenced by a promissory note dated December 1, 1883. That on March 25, 1884, judgment was obtained and execution issued, and levy made upon certain chattel property. That a long time prior to March 25, 1884, H. P. Walton was insolvent. That on said day, apprehending that appellee would sue and attach his property, he, with intent to cheat, hinder, delay and defraud his creditors, confessed a judgment of the sum of…
1Opinion of the Court
Richmond, C.
Assignments of error are to the admitting of evidence, over the objections of defendant, of John. *270H. Werkheiser, to conversations had by him with defendant Howard P. Walton, to the effect that the indebtedness due his brother was only $6,000 on book-account, for which his brother held no security, and would not press him, and that the judgment of the court is at variance with the evidence in the case and contrary to law.
The basis of the objections to the testimony of Werkheiser is that there was no privity existing between Howard P. Walton and E. T. Walton, as agent, personally or…
Also in this document: Per curiam.
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