Williams v. Carr
Colorado Court of Appeals
Error to the District Court of Arapahoe County. . Hon. Geo. W. McCrary, formerly U. S. circuit judge of this judicial circuit, on the 13th day of May, 1890, commenced suit to recover the balance due upon a promissory note, of which the following is a copy : “ $2,000. Denver, Colo., April 12, 1884. “ Sixty dajrs after date we, or either of us, promise to pay to George W. McCrary or order two thousand dollars at the Colorado National Bank, Denver, Colorado; with exchange,— for…
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Error to the District Court of Arapahoe County. . Hon. Geo. W. McCrary, formerly U. S. circuit judge of this judicial circuit, on the 13th day of May, 1890, commenced suit to recover the balance due upon a promissory note, of which the following is a copy : “ $2,000. Denver, Colo., April 12, 1884. “ Sixty dajrs after date we, or either of us, promise to pay to George W. McCrary or order two thousand dollars at the Colorado National Bank, Denver, Colorado; with exchange,— for value received, — with interest at the rate of 10 per cent per annum after due until paid. Interest due and payable…
1Opinion of the CourtReed, J.
The first error relied upon in argument was the failure of the court to dismiss the suit because of the- death of the plaintiff, and the substitution of the foreign executors and the substitution of the defendant in error, administrator, as plaintiff.
The claim is “ That the suit having been commenced in the name of George W. McCrary, upon his death the same abated and could only be revived by his executor or administrator.” This position is untenable; the suit did not abate by the death of the plaintiff. Sec. 15 of the Civil Code is as follows : “ An action shall not abate by the death or…
2Cases cited4 opinions
- Bragg v. GeddesIllinois Supreme Court · 1879
- Butler v. RockwellSupreme Court of Colorado · 1890
- Langley v. DodsworthIllinois Supreme Court · 1876
- Whitmer v. RuckerIllinois Supreme Court · 1874
3Cited by3 opinions
- Duncan v. Schuster-Graham Homes, Inc.Supreme Court of Colorado · 1978
- Colorado National Bank v. IrvineSupreme Court of Colorado · 1940
- Cordingly v. KennedyCourt of Appeals for the Eighth Circuit · 1917