Butler v. Hinckley
Supreme Court of Colorado
Appeal from District GburtofLake Gounty. This action was instituted by Edward E. Hinckley, appellant, against Samuel M. Carleton and Hugh Butler. It is for work and labor performed upon the Ella Beeler mine, between the 7th day of September, 1885, and the 28th day of January, 1886, inclusive, by the plaintiff, Elmer E. Hinckley, Charles H. Metcalf and Leeland E. Cook; plaintiff averring an assignment to him of the claims of Hinckley, Metcalf and Cook.
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Appeal from District GburtofLake Gounty. This action was instituted by Edward E. Hinckley, appellant, against Samuel M. Carleton and Hugh Butler. It is for work and labor performed upon the Ella Beeler mine, between the 7th day of September, 1885, and the 28th day of January, 1886, inclusive, by the plaintiff, Elmer E. Hinckley, Charles H. Metcalf and Leeland E. Cook; plaintiff averring an assignment to him of the claims of Hinckley, Metcalf and Cook. It is alleged that the work was done at the special instance and request of appellant Butler, as well as at the request of Carleton. Carleton…
1Opinion of the CourtChief Justice Hayt
The liability of the appellant is asserted upon two grounds: First — That a mining partnership existed between Butler and Carleton for working the Ella Beeler mine.. Second — That there was such a holding out of Butler as a partner as made him liable as such to third parties.
The ease was submitted to the district court without a jury. A familiar rule precludes this court from weighing the evidence for the purpose of substituting its judgment for that of the court below.
We may, however, look to the evidence for the purpose of ascertaining whether or not there is any evidence to support the…
2Cases cited3 opinions
- Manville v. ParksSupreme Court of Colorado · 1883
- Wood v. HitchcockNew York Supreme Court · 1838
- Le Fevre v. CastagnioSupreme Court of Colorado · 1881
3Cited by5 opinions
- Bassett v. Eagle Telecommunications, Inc.Colorado Court of Appeals · 1987
- Booth v. Booth (In Re Booth)United States Bankruptcy Court, D. Colorado · 1987
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Lion Square Phase II & III Condominium Ass'n v. HaskColorado Court of Appeals · 1985
- Groome v. FisherIdaho Supreme Court · 1930