Colorado National Bank v. Boettcher
Supreme Court of Colorado
Appeal from Distriet Go'art of Arapahoe Qounty. Boettcher, the appellee, filed his complaint in the district court, alleging substantially that appellant was a banking corporation; that on January 31st, 1878, appellant was possessed of certain moneys of Shackelton & Brinker, co-partners, to be paid on demand; that on said day Shackelton died, leaving said Brinker surviving; that about February 2,1878, appellant received other moneys for use of said firm, also payable on…
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Appeal from Distriet Go'art of Arapahoe Qounty. Boettcher, the appellee, filed his complaint in the district court, alleging substantially that appellant was a banking corporation; that on January 31st, 1878, appellant was possessed of certain moneys of Shackelton & Brinker, co-partners, to be paid on demand; that on said day Shackelton died, leaving said Brinker surviving; that about February 2,1878, appellant received other moneys for use of said firm, also payable on demand; that February 8th said moneys amounted to $1,010; that on said February 8th Brinker, as surviving partner, assigned…
1Opinion of the CourtBeck, J.
The verdict in this case appears to have been directed for the plaintiff, Boettcher, upon the view of the law taken by the district judge, that the holder of a check drawn against funds can maintain an action in his own name against the drawee who refuses payment, regardless of the question of acceptance. This is a question upon which courts and law writers are, to some extent, divided, and much learning has been expended in the discussion of the opposing views taken. Each is supported by arguments of great force, and did we not, from a careful review of all the authorities, deem the question…
2Cases cited5 opinions
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- Moses v. President of the Franklin BankCourt of Appeals of Maryland · 1871
- Koch v. HowellSupreme Court of Pennsylvania · 1843
- Case v. HendersonSupreme Court of Louisiana · 1871
3Cited by8 opinions
- United States Portland Cement Co. v. United States National BankSupreme Court of Colorado · 1916
- Boettcher v. Colorado Nat. BankSupreme Court of Colorado · 1890
- Westberg v. Chicago Lumber & Coal Co.Wisconsin Supreme Court · 1903
- Van Buskirk v. State BankSupreme Court of Colorado · 1905
- Schuler v. Laclede BankU.S. Circuit Court for the District of Eastern Missouri · 1886
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