Legal Opinion

Drake v. Pueblo National Bank

Supreme Court of Colorado

Decided April 15, 1908No. 5410; No. 3067 C. APublishedCited by 2 opinions

Error to the District Court of Pueblo County. Hon. N. Walter Dixon, Judge. Action by James F. Drake against Tbe Pueblo National Bank for damages for the unlawful sale of collaterals to a note. From a judgment sustaining a demurrer to tbe complaint, plaintiff brings error.

1Opinion of the CourtJustice Bailey

delivered tbe opinion of tbe court:

Tbe complaint in this action alleges that,on tbe 11th of May, 1898, plaintiff made and delivered to defendant bis promissory note for $401.50, payable one day after date, witb interest at tbe rate of one per cent, a month from date until paid, said note reciting tbe deposit witb defendant as collateral security of five hundred shares of stock in Tbe Isabella Gold Mining Company, and certain shares of stock in other mining companies. After reciting tbe deposit of this stock, there is a provision in tbe note whereby tbe defendant was authorized to sell without…

2Cases cited3 opinions

  1. Fisher v. Denver National BankSupreme Court of Colorado · 1896
  2. Scott v. NorrisIndiana Court of Appeals · 1892
  3. Goldsmidt v. Trustees of the First Methodist-Episcopal ChurchSupreme Court of Minnesota · 1878

3Cited by2 opinions

  1. Foote v. Larimer County Bank & Trust Co.Supreme Court of Colorado · 1927
  2. Lucero v. Colorado Life InsuranceSupreme Court of Colorado · 1919

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