Flavell v. Department of Welfare

Opinion by

Mr. Justice Day.

This is an action by the Denver Department of Welfare to recover the unpaid balance on a promissory note executed by William Flavell. In 1955 the Department charged Flavell with the receipt of old age pension payments during a period in which his personal assets exceeded the maximum $750.00 then allowed. The note was given, under protest, to settle this claim and to provide for repayment of the amount in monthly installments.

The Department’s complaint set out the details of the note, alleged that Flavell had refused to make payments as agreed upon, and prayed for…