Winne v. Colorado Springs Co.
Supreme Court of Colorado
Appeal from District Court of Ml Paso County. On the 11th day of March, 1874, Myron F. Thomas made and delivered to the Colorado Springs Company (a corporation) his promissory note for $1,200, which was indorsed by Winne & Cooper, and Matt France. Suit was commenced upon the note after maturity, in the district court of El Paso county, by the payee against all the parties above named, and service had upon each.
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Appeal from District Court of Ml Paso County. On the 11th day of March, 1874, Myron F. Thomas made and delivered to the Colorado Springs Company (a corporation) his promissory note for $1,200, which was indorsed by Winne & Cooper, and Matt France. Suit was commenced upon the note after maturity, in the district court of El Paso county, by the payee against all the parties above named, and service had upon each. The declaration averred in one count that “ before the delivery of the note to the plaintiff, and in order to give the said Thomas credit with the plaintiff, and at the request and for…
1Opinion of the CourtThatcher, C. J.
This was an action brought against Myron F. Thomas and the appellants upon a promissory note. Judgment by default was taken against Thomas. The other defendants, the appellants herein, plead the general issue, nut tiel corporation, and two special pleas, setting up in each a defense as sureties. To each of the special pleas a demurrer was allowed. Judgment was taken against all the defendants at a subsequent term.
*158The first error assigned is, that “ the district court erred in sustaining the demurrer of the plaintiff in said court to the third plea of the appellants.” This is a plea that the…
2Cases cited8 opinions
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- McLemore v. PowellSupreme Court of the United States · 1827
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- Curan v. ColbertSupreme Court of Georgia · 1847
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