A. H. Andrews & Co. v. Colorado Savings Bank
Supreme Court of Colorado
Error to the District Court of Arapahoe County. The facts out of which this controversy arises are in substance as follows : On March 9, 1889, the defendant Riethman leased to defendant Smith certain lots in the city of Denver for the term of five years; that afterwards, on June 18, 1889, the lease was extended for a period of ten years from that date.
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Error to the District Court of Arapahoe County. The facts out of which this controversy arises are in substance as follows : On March 9, 1889, the defendant Riethman leased to defendant Smith certain lots in the city of Denver for the term of five years; that afterwards, on June 18, 1889, the lease was extended for a period of ten years from that date. Smith erected on said lots a theater building, and placed therein certain furniture, the ownership of which is the principal question at issue in this controversy. On August 17, 1889,- the Colorado Savings Bank loaned to Smith 110,600 for 90…
1Opinion of the CourtJustice Goddard
The question that is first presented for our consideration, and one that we regard as decisive, is whether the arrangement under and in pursuance of which the seating was furnished by plaintiffs in error constitutes a conditional sale, or an absolute sale and transfer of ownership, with a reservation of a lien to secure the payment of the purchase price. If the latter, it must be conceded that it is in effect a chattel mortgage, and void as to third parties, because not executed and acknowledgedin conformity with the chattel mortgage act.
In determining this question, the entire transaction…
2Cases cited1 opinion
- Heryford v. DavisSupreme Court of the United States · 1880
3Cited by28 opinions
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Burroughs Adding MacH. Co. v. BogdonCourt of Appeals for the Eighth Circuit · 1925
- Turnbull v. ColeSupreme Court of Colorado · 1921
- Studebaker Bros. v. MauWyoming Supreme Court · 1905
- Bogdon v. FortSupreme Court of Colorado · 1924
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