Jones v. Aspen Hardware Co.
Supreme Court of Colorado
JSrror to the District Court of Pitkin County. The Aspen Hardware Company instituted this suit in the court below for the purpose of recovering a stock of goods seized by the United States marshal under a writ of attachment issued out of the circuit court of the United States at the suit of Joseph A- Thatcher, plaintiff, against one A. B. Eads.
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JSrror to the District Court of Pitkin County. The Aspen Hardware Company instituted this suit in the court below for the purpose of recovering a stock of goods seized by the United States marshal under a writ of attachment issued out of the circuit court of the United States at the suit of Joseph A- Thatcher, plaintiff, against one A. B. Eads. The only question in the ease has reference to. the corporate capacity of defendant in error, it not having filed, prior to the attachment levy, its certificate of incorporation with the secretary of state, as required by statute. Session Laws of 1887,…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
*266In November, A. D. 1889, Shepard & Bowles, as copartners, were doing a general hardware business in the city of Aspen, and during that month made a sale of their business, stock in trade, good will, etc., to A. B. Eads, the consideration for this transfer being certain real estate and the assumption of certain indebtedness of the firm of Shepard & Bowles. Eads being unable to comply with the terms of the agreement, a new arrangement was made between the parties, and an organization known as The Aspen Hardware Company was formed by Bowles,…
2Cases cited9 opinions
- Golden Canal Co. v. BrightSupreme Court of Colorado · 1884
- Edwards v. Denver & R. G. R.Supreme Court of Colorado · 1889
- Abbott v. Omaha Smelting & Refining Co.Nebraska Supreme Court · 1876
- People ex rel. Thomas v. GoddardSupreme Court of Colorado · 1885
- In re PrattSupreme Court of Colorado · 1893
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- Bonfils v. HayesSupreme Court of Colorado · 1921
- Maryland Tube & Iron Works v. West End Improvement Co.Court of Appeals of Maryland · 1898
- People v. ZimbelmanSupreme Court of Colorado · 1977
- Fisher v. Pioneer Construction Co.Supreme Court of Colorado · 1917
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