Bassinger v. Spangler
Supreme Court of Colorado
Error to District Court of Arapahoe County. James F. Welborn, prior to December 1, 1881, was the proprietor of the premises No. 323 California street, in •the city of Denver, and with his wife occupied the same as his residence.
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Error to District Court of Arapahoe County. James F. Welborn, prior to December 1, 1881, was the proprietor of the premises No. 323 California street, in •the city of Denver, and with his wife occupied the same as his residence. He became indebted to the late E. P. Jacobson, and likewise to various other persons, and previous to December 1, 1881, conveyed these premises to Jacobson, but continued to reside thereon until April 1, 1882. Jacobson became surety for Welborn, March 16, 1880, upon the latter’s note of that date, for the sum of $4,000, payable to J. S. Brown & Bro., of Denver; and,…
1Opinion of the CourtBeck, C. J.
The question presented by this record for our decision is whether the transaction between James F. Welborn and Dr. Bassinger comes within the fourteenth section of the statute of frauds, and constitutes thereby a fraud in law. This section reads as follows:
“Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things sold or assigned, shall be presumed to be fraudulent and void as against…
2Cases cited12 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Cook v. MannSupreme Court of Colorado · 1881
- Brown v. KimmelSupreme Court of Missouri · 1878
- Norton v. DoolittleSupreme Court of Connecticut · 1865
7 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- Atchison v. GrahamSupreme Court of Colorado · 1890
- Allen v. SteigerSupreme Court of Colorado · 1892
- Johnson v. Bailey & AllenSupreme Court of Colorado · 1891
- Guthrie v. CarneyCalifornia Court of Appeal · 1912
47 more not listed; retrieve them via the Exa API.