Holmquist v. Gilbert
Supreme Court of Colorado
Appeal from the District Court of Phillips County. Hon. E. E. Armour, Judge. Action by E. Gilbert against John Holmquist. From a judgment for plaintiff, defendant appeals. Decision en banc. Mr. Justice Campbell, Mr. Justice Gabbert, and Mr. Justice Maxwell dissent from the conclusion that the trustee’s application of the proceeds of the sale to the note, did not remove the bar of the statute.
1Opinion of the CourtJustice Caswell
This was an action in the district court of Phillips county to recover the sum of seven hundred *115dollars ($700.00) claimed to be due upon a promissory note, executed by tbe appellant, who was defendant below, and owned at the time of the suit by the appellee, who was plaintiff below. The case comes to this court by appeal, and upon an agreed statement of facts setting forth, in substance, that the appellant in 1887, executed to Henry J. Aldrich, as trustee, for the use and benefit of one Stillman, a certain trust deed conveying certain lands in Phillips county to said Aldrich in trust to…
2Cases cited20 opinions
- Fievel v. ZuberTexas Supreme Court · 1887
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Farmers' Loan & Trust Co. v. Denver, L. & G. R.Court of Appeals for the Eighth Circuit · 1903
- Jones v. Bank of LeadvilleSupreme Court of Colorado · 1887
- Hayes v. FreyWisconsin Supreme Court · 1882
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3Cited by21 opinions
- Hickerson v. VesselsSupreme Court of Colorado · 2014
- Lovell v. GossSupreme Court of Colorado · 1909
- National Tailoring Co. v. ScottWyoming Supreme Court · 1948
- Foster v. ClarkColorado Court of Appeals · 1912
- Folda Real Estate Co. v. JacobsenSupreme Court of Colorado · 1924
16 more not listed; retrieve them via the Exa API.