Heaton v. Myers
Supreme Court of Colorado
Error to District Court of Gilpin County, Myers, the defendant in error, brought an action of assumpsit against Heaton, the plaintiff in error, upon the following instrument, which had been assigned to plaintiff after maturity: “Black Hawk, Colorado, May 19, 1873. Received of George W. Heaton, President of the Sierra Madre Tunnel Company, five hundred dollars in part payment of the sum of five thousand dollars, on payment of which I hereby covenant to him for and in behalf…
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Error to District Court of Gilpin County, Myers, the defendant in error, brought an action of assumpsit against Heaton, the plaintiff in error, upon the following instrument, which had been assigned to plaintiff after maturity: “Black Hawk, Colorado, May 19, 1873. Received of George W. Heaton, President of the Sierra Madre Tunnel Company, five hundred dollars in part payment of the sum of five thousand dollars, on payment of which I hereby covenant to him for and in behalf of said company my (160 a) homestead, situate near Black Hawk, aforesaid, together with the fences, houses, tenements,…
1Opinion of the CourtElbert, J.
The second plea of the defendant below, denying the execution and delivery of the note declared on, had no force or effect, as it was not verified as required by statute. In an action where it was properly pleadable at common law as the general issue, the plea of non est factum would be good, though not verified, and under it, the defendant might insist on any legal defense that he could have done at common law, except denying or disproving the execution of the instrument declared on. Longley et at. v. Norrall, 1 Scam. 389.
But this was an action of assumpsit. The general issue, non assumpsit,…
2Cases cited2 opinions
- Dean v. GecmanIllinois Supreme Court · 1867
- Greer v. WheelerIllinois Supreme Court · 1839
3Cited by13 opinions
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Ducey v. PattersonSupreme Court of Colorado · 1906
- Anthony v. SlaydenSupreme Court of Colorado · 1900
- Anderson v. Portland Flouring Mills Co.Oregon Supreme Court · 1900
- Enright v. Midland Sampling & Ore Co.Supreme Court of Colorado · 1905
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