Richardson Drug Co. v. Dunagan
Colorado Court of Appeals
Error to the District Court of Arapahoe County. This was a suit in equity brought by defendant in error to restrain the collection of a judgment obtained by plaintiffs in error for $574.03, October 23, 1888. Plaintiff, a wholesale drug concern in St. Louis, sold to Dunagan & Miller (engaged in drug business in Denver) a bill of goods, for which the suit was brought.
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Error to the District Court of Arapahoe County. This was a suit in equity brought by defendant in error to restrain the collection of a judgment obtained by plaintiffs in error for $574.03, October 23, 1888. Plaintiff, a wholesale drug concern in St. Louis, sold to Dunagan & Miller (engaged in drug business in Denver) a bill of goods, for which the suit was brought. After contracting the debt in question, Dunagan & Miller sold and transferred stock and business to Miller & Benson, after which it was successively sold to two or three other parties, ending with The Jones Drug Company. It is…
1Opinion of the CourtReed, P. J.
The first allegation to be considered, upon which the plaintiff based his claim for relief, is each of said vendees suecessivety agreeing to pay all outstanding indebtedness of its vendor; “ * * * that Richardson Drug Company at the time of said, several transfers ivas informed thereof and agreed to present its account for goods theretofore furnished to Dunagan $ Miller to said Miller Benson and each of the successive vendees; that thereby Dunagan ¿Miller were released from liability, and it was the duty of Richardson Drug Company to look to Miller Benson and said vendees successively for…
2Cases cited16 opinions
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
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- Ableman v. RothWisconsin Supreme Court · 1860
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