Sanborn v. Cree
Supreme Court of Colorado
¡Error to Probate Court of Arapahoe County. This was an action in assumpsit upon a promissory note,. given by Sanborn to Cree for $1,700. The declaration contained a special count and the common counts. The defendant pleaded: “ 1st. Non assumpsit.’ “2d.
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¡Error to Probate Court of Arapahoe County. This was an action in assumpsit upon a promissory note,. given by Sanborn to Cree for $1,700. The declaration contained a special count and the common counts. The defendant pleaded: “ 1st. Non assumpsit.’ “2d. Actio non, because he says the promissory note sued on in the first count of the plaintiff’s declaration was given by the defendant to the plaintiff without consideration ; that is to say, the said plaintiff at the city of Denver and county of Arapahoe, did on the day of A. D-1874, for the price of $2,200, $400 of which was paid in cash, and…
1Opinion of the CourtHallett, C. J.
In,.the second plea, plaintiff in error alleged that the promissory note in suit was given upon the assignment of a lease to Mm, and that at the time of such assignment the lease was null and void, and, therefore, the note was without consideration.
He also avers, by way of recital, that defendant in error represented that he had a valid and subsisting right under the lease, but he does not state that he believed such representations, or that he was induced thereby to enter into the contract.
TMs defense is simply that of a bad bargain, from wMch plaintiff in error, wishes to be relieved. It is…
2Cases cited3 opinions
- Hardesty v. SmithIndiana Supreme Court · 1851
- Bonney v. SmithIllinois Supreme Court · 1856
- McClerkin v. SuttonIndiana Supreme Court · 1868
3Cited by3 opinions
- Beltner v. CarlsonNebraska Supreme Court · 1951
- Leeker v. MarcotteArizona Supreme Court · 1932
- Norton v. Stroud State BankSupreme Court of Oklahoma · 1906