Belmont Mining & Milling Co. v. Costigan
Supreme Court of Colorado
Appeal from the District Court of San Miguel County. The Belmont Mining and Milling Company brought an action against Costigan and his wife as the payees of certain promissory notes, and against Hamilton as tbe trustee named in a deed of trust given to secure said notes and covering the Belmont mine, the object of which, among other things, was to obtain a decree of court canceling said notes and deed of trust, which purported, as it was alleged, to have been executed by the…
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Appeal from the District Court of San Miguel County. The Belmont Mining and Milling Company brought an action against Costigan and his wife as the payees of certain promissory notes, and against Hamilton as tbe trustee named in a deed of trust given to secure said notes and covering the Belmont mine, the object of which, among other things, was to obtain a decree of court canceling said notes and deed of trust, which purported, as it was alleged, to have been executed by the plaintiff company, but which, it was claimed, were fraudulently given. As ancillary to the main relief sought, a…
1Opinion of the CourtJustice Campbell
The only question in this case that calls for our consideration is the measure of damages adopted by the trial court. The theory of the complaint was that one element of damages was the loss of interest upon the full amount of indebtedness represented by the notes at the rate therein fixed, from the time the injunction was issued until dissolved, and another element of damage was the counsel fees paid *467by the defendants in the original suit and necessary expenses incurred by them in securing a dissolution of the injunction. There were other elements of damage relied on in the complaint, but…
2Cases cited2 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Tabor v. ClarkSupreme Court of Colorado · 1890
3Cited by2 opinions
- Williams v. Fidelity & Deposit Co. of MarylandSupreme Court of Colorado · 1908
- Moreno v. MartínezSupreme Court of Puerto Rico · 1908