Legal Opinion

Carpenter v. Smith

Supreme Court of Colorado

Decided April 15, 1894PublishedCited by 2 opinions

Appeal from-the District ■Court of Arapahoe County. ■ Action upon promissory note. Judgment in favor of plaintiffs. Defendants appeal.' The facts sufficiently appear in the opinion.

1Opinion of the CourtJustice Elliott

Appellees were plaintiffs below. Their complaint shows th.at they became the indorsees of a certain promissory note executed by defendants, and that said note is due and unpaid.

1. The complaint is demurred to on the single ground that it does not “state facts sufficient to constitute a cause of action.” The overruling of the demurrer is the only matter assigned for error; and on this appeal the only matter urged against the sufficiency of the complaint is that its allegations are made “on information and belief.” This objection goes merely to the form of the allegations, and not to the…

2Cases cited4 opinions

  1. Marie v. . GarrisonNew York Court of Appeals · 1880
  2. Hentsch v. PorterCalifornia Supreme Court · 1858
  3. Stoutenburg v. LybrandOhio Supreme Court · 1862
  4. Thackara v. Reid, Kinsey & GreeleyUtah Supreme Court · 1875

3Cited by2 opinions

  1. Mitchell v. KnottSupreme Court of Colorado · 1908
  2. Robinson v. D. Ferguson & SonSupreme Court of Iowa · 1903

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