Legal Opinion

Nicholls v. McShane

Colorado Court of Appeals

Decided January 15, 1901No. 1895Published

Appeal from the District Court of Gilpin County.

1Opinion of the CourtWilson, J.

This is a contest between attachment and mortgage creditors. A. Rachofsky, a merchant in Central City, was indebted to the First National Bank of that city, and the bank demanding security, he executed to plaintiff McShane for this purpose a chattel mortgage upon the stock of goods in his store. McShane was vice president and a director of the bank, and the evidences of indebtedness held by it against Rachofsky being first assigned to him by the bank, Rachofsky executed a new note for the total amount thereof, being $8,263, payable directly to McShane one day after date, and to secure this…

2Cases cited9 opinions

  1. Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
  2. Toothaker v. City of BoulderSupreme Court of Colorado · 1889
  3. Grimes v. HillSupreme Court of Colorado · 1890
  4. Riethmann v. GodsmanSupreme Court of Colorado · 1896
  5. Seeleman v. HoaglandSupreme Court of Colorado · 1893

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