Perkins v. Marrs
Supreme Court of Colorado
Error to District Gowrt of Arapahoe County. In 1886, Marrs, Middleton & Hunter brought this action against Perkins and Oolthrop to recover the value of several horses which had formerly been the property of one John L. Alexander, who had mortgaged them to the firm to secure certain promissory notes payable to the order of Marrs & Middleton. The notes had been transferred to the new firm of Marrs, Middleton & Hunter, who were the owners of them.
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Error to District Gowrt of Arapahoe County. In 1886, Marrs, Middleton & Hunter brought this action against Perkins and Oolthrop to recover the value of several horses which had formerly been the property of one John L. Alexander, who had mortgaged them to the firm to secure certain promissory notes payable to the order of Marrs & Middleton. The notes had been transferred to the new firm of Marrs, Middleton & Hunter, who were the owners of them. The ownership of the notes, as set up in the fifth paragraph of the complaint, was not disputed. The plaintiffs declared upon their title as…
1Opinion of the Court
Bissell, C.
It is eyident from the record that no harm has come to the plaintiffs in error from the entry of the judgment against them. The property which they took was covered by the mortgage owned by Marrs, Middleton & Hunter, who were entitled to recover it, or its value. Numerous errors have been assigned and argued by counsel, but there are not many which deserve serious consideration. The error most insisted upon seems to be entirely unavailable to the plaintiffs in error. The instruction of the court upon the subject of interest may not have accurately expressed the law as applicable to…
Also in this document: Per curiam.
2Cases cited1 opinion
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
3Cited by6 opinions
- New Dunderberg Min. Co. v. OldCourt of Appeals for the Eighth Circuit · 1899
- Isabella Gold Mining Co. v. GlennSupreme Court of Colorado · 1906
- Updegraff v. LesemColorado Court of Appeals · 1900
- Brown v. First National BankSupreme Court of Colorado · 1911
- Boyle v. PoorSupreme Court of Colorado · 1916
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