Stewart v. Kindel
Supreme Court of Colorado
Appeal from Distriet Court of Arapahoe County. In this action appellee Kinclel, as plaintiff below, instituted this suit to recover money alleged to have been paid by him and received by appellant without consideration, by the mutual mistake of the parties.
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Appeal from Distriet Court of Arapahoe County. In this action appellee Kinclel, as plaintiff below, instituted this suit to recover money alleged to have been paid by him and received by appellant without consideration, by the mutual mistake of the parties. The defendant, in his answer, admits the payment of the money, but denies that the same was paid or received by mistake, or without consideration, and avers that the amount was paid in satisfaction of a just claim against the plaintiff. A trial to a jury resulted in a verdict for the plaintiff.
1Opinion of the CourtJustice IIayt
The first four assignments of error, so far as they are urged in this court, relate to the admission of certain evidence.upon the trial against the appellant’s objections. The testimony thus admitted relates to certain conversations which took place between the parties upon March 24, 1887. A written contract having been subsequently entered into by the parties, it is contended that oral evidence of the prior negotiations was not proper for the consideration of the jury. "We do not think this objection well taken. The money sought to be recovered was paid to the defendant by 1 a check upon a…
2Cases cited5 opinions
- State v. DeeSupreme Court of Minnesota · 1869
- Thatcher v. RockwellSupreme Court of Colorado · 1878
- Dozenback v. RaymerSupreme Court of Colorado · 1889
- McClelland v. BurnsSupreme Court of Colorado · 1880
- McFarlin v. StateTexas Supreme Court · 1874
3Cited by5 opinions
- People v. TaylorSupreme Court of Colorado · 1976
- Denver City Tramway Co. v. NortonCourt of Appeals for the Eighth Circuit · 1905
- Denver City Tramway Co. v. CowanSupreme Court of Colorado · 1911
- State v. BurkettNew Mexico Supreme Court · 1927
- Lau Fook Kau v. United StatesCourt of Appeals for the Ninth Circuit · 1929