Moulton v. McLean
Colorado Court of Appeals
Error to the District Qourt of Grarfield Qounty. In May, 1893, and subsequent to that time, Moulton (plaintiff in error) was treasurer of the county of Garfield. J. T. McLean and W. J. Miller, copartners, were doing business as bankers at the town of New Castle, under the name of the Bank of New Castle. The banking firm solicited plaintiff in error to deposit in such bank a portion of the moneys in his hands and to come into his hands as treasurer with such bank.
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Error to the District Qourt of Grarfield Qounty. In May, 1893, and subsequent to that time, Moulton (plaintiff in error) was treasurer of the county of Garfield. J. T. McLean and W. J. Miller, copartners, were doing business as bankers at the town of New Castle, under the name of the Bank of New Castle. The banking firm solicited plaintiff in error to deposit in such bank a portion of the moneys in his hands and to come into his hands as treasurer with such bank. Such arrangement was made, and the following writing obligatory was executed and delivered to plaintiff in error: “ Know all men by…
1Opinion of the CourtReed, J.
The only question presented for determination is the correctness of the judgment of the court upon the demurrer.
Counsel for defendant contended: 1st, that by the form and wording of the bond upon which suit was brought, it was the bond of the county and that no action could be maintained by the plaintiff; 2d, that the transaction was a loan by the treasurer, of the county funds, to the bank, and was illegal and void under the provisions of sections 1248 to 1251, Mills’Statutes. (Session Laws, 1889, pp. 297 and 298). Evidently, one or both of these views must have been adopted by the court as…
2Cases cited13 opinions
- In re BreeneSupreme Court of Colorado · 1890
- City of Chicago v. GageIllinois Supreme Court · 1880
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Cummings v. . MorrisNew York Court of Appeals · 1862
- First Nat. Bank v. HummelSupreme Court of Colorado · 1890
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3Cited by8 opinions
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- Bardsley v. SternbergWashington Supreme Court · 1898
- United States Fidelity & Guaranty Co. v. CarterSupreme Court of Virginia · 1933
- Best v. Rocky Mountain National BankSupreme Court of Colorado · 1906
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