Cramer v. Marsh
Colorado Court of Appeals
Appeal from the District Court of Arapahoe County. This litigation sprung from the insolvency of B. P. Brasher in 1886. Brasher did a wholesale liquor business in Denver under the name of B. P. Brasher & Company. His operations were extensive and he bought very considerable amounts of stock, which remained unsold at the time of the transaction involved in this suit.
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Appeal from the District Court of Arapahoe County. This litigation sprung from the insolvency of B. P. Brasher in 1886. Brasher did a wholesale liquor business in Denver under the name of B. P. Brasher & Company. His operations were extensive and he bought very considerable amounts of stock, which remained unsold at the time of the transaction involved in this suit. Prior to his coming here he had evidently been in business elsewhere, and contracted to other parties than those who were the immediate creditors of his concern in Denver a large indebtedness. Among those whom he owed were two…
1Opinion of the CourtBissell, P. J.
This matter has been in litigation ever since Brasher’s failure, in 1886. The present suit was tried once before, and from the judgment in that case the trustee, Marsh, prosecuted an appeal to the supreme court, which is reported in the 16 Colo. 331. An analogous transaction gave rise to another suit, which was brought to this court, and is found in the 2 Colo. App. 324. These two decisions seem to be very much relied on by the counsel for the appellee in his argument. As we read those two cases, neither of them touch upon or decide what in the present opinion is made the pivotal question.…
2Cases cited14 opinions
- Russell v. ButterfieldNew York Supreme Court · 1839
- Burk v. WebbMichigan Supreme Court · 1875
- Ward v. WardMichigan Supreme Court · 1877
- Marsh v. CramerSupreme Court of Colorado · 1891
- Cortelyou v. LansingNew York Supreme Court · 1796
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