McCarthy v. Strait
Colorado Court of Appeals
Error to the District Court of Pueblo County. The action was brought by the plaintiff against the defendants as sureties on the replevin bond of one W. ,W. Palmer. During the year 1889 plaiptiff was the sheriff ,of Pueblo county. One D. C. Bowne was engaged in mercan-. tile business in the city, of Pueblo.
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Error to the District Court of Pueblo County. The action was brought by the plaintiff against the defendants as sureties on the replevin bond of one W. ,W. Palmer. During the year 1889 plaiptiff was the sheriff ,of Pueblo county. One D. C. Bowne was engaged in mercan-. tile business in the city, of Pueblo. On the 8th day of August three different firms sued out attachments against Bowne, the three aggregating about $1,450. ■ On the next day (August 9th) another and fourth firm sued out an attachment for $970.85. The various writs were placed in the hands of plaintiff and were by him levied…
1Opinion of the CourtReed, P. J.
The validity of the assignment of Bowne to Palmer of the goods in controversy in this suit was before this court in Palmer v. Mc Carthy, 2 Colo. App. 422. The assignment was held void and that Palmer took no title by virtue of the supposed assignment; hence it follows that the replevin was wrongful, and Palmer and his sureties liable to the creditors of Bowne for the value of all goods by him converted.
There is no appearance in this court by defendants; consequently the court is uninformed in regard to the supposed defects in the complaint. The court gives no reasons for sus-, taining the…
2Cases cited1 opinion
- Boley v. GriswoldSupreme Court of the United States · 1874
3Cited by8 opinions
- Donovan v. Aetna Indemnity Co. of HartfordCalifornia Court of Appeal · 1909
- Larson v. HansonNorth Dakota Supreme Court · 1913
- Shaver v. KappellasIndiana Court of Appeals · 1925
- Denver Truck Exchange, Inc. v. Globe Indemnity Co.Supreme Court of Colorado · 1967
- Eisenhart v. McGarryColorado Court of Appeals · 1900
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