Chapin v. Goodell
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. One count of the declaration in this action was for the use and occupation of certain premises held by the appellant from the appellee. The evidence showed that the appellant owed the appellee, on account of the use, etc., of the premises, for one month, $600. There was illegal evidence admitted to the jury showing a further indebtedness to the appellee.
Read the full summary
Appeal from District Court, Arapahoe County. One count of the declaration in this action was for the use and occupation of certain premises held by the appellant from the appellee. The evidence showed that the appellant owed the appellee, on account of the use, etc., of the premises, for one month, $600. There was illegal evidence admitted to the jury showing a further indebtedness to the appellee. A verdict for $1,400 for the appellee (plaintiff) was returned by the jury, October 23,1874. The appellee (plaintiff) remitted all but $600, and judgment was entered for that sum. The appellant…
1Opinion of the CourtStone, J.
This was an action of assumpsit, for use and occupation, and for money lent and advanced. There was a verdict for the appellee for $1,400.
A motion was made for a new trial. Upon the suggestion of the court the appellee remitted $800; thereupon the motion for a new trial was overruled, and judgment rendered against the appellant for $600. The appellant claims that he is entitled to a new trial, on the ground that the court permitted evidence relating to an account between the parties as partners to go to the jury.
That all the testimony in relation to the partnership accounts existing between…
2Cases cited3 opinions
- Finch v. GreenSupreme Court of Minnesota · 1871
- Greer v. EmersonTennessee Superior Court for Law and Equity · 1801
- Ware v. GilmoreIllinois Supreme Court · 1868
3Cited by5 opinions
- F. M. Davis Iron Works Co. v. WhiteSupreme Court of Colorado · 1903
- Francis v. O'NEALSupreme Court of Colorado · 1953
- Clark v. AldenhovenColorado Court of Appeals · 1914
- State ex rel. Stock Inspection Commissioners v. NelsonSupreme Court of Colorado · 1924
- Clark v. AldenhovenColorado Court of Appeals · 1914