Legal Opinion

Curtis, Jones & Co. v. Smelter National Bank

Supreme Court of Colorado

Decided April 15, 1908No. 5420; No. 3078 C. APublishedCited by 6 opinions

Appeal from the District Court of La Plata County. Hon. James L. Russell, Judge. Action in tbe nature of a creditor’s bill by Curtis, Jones & Company, Z. T. Lindsey and Cbris Heer against tbe Smelter National Bank and Tbe F. L. Cbase Shoe Company. From a judgment for defendants, plaintiffs appeal.

1Opinion of the CourtJustice Goddard

The contention of counsel for appellants is, that the corporation executed its note to the bank in lieu of the individual note of Chase and as a substitute therefor,' without authority and without receiving any consideration therefor; that no agreement is shown on the part of the corporation that it, would, as a part consideration for the transfer of the goods, pay the individual indebtedness of Chase that had been theretofore incurred by him in the conduct and management of the business; in other words, that the sole consideration for the transfer of the merchandise and business to the…

2Cases cited12 opinions

  1. Broughton v. PensacolaSupreme Court of the United States · 1876
  2. Hibernia Ins. v. St. Louis & New Orleans Transp. Co.U.S. Circuit Court for the District of Eastern Missouri · 1882
  3. Andres v. MorganOhio Supreme Court · 1900
  4. Jones v. Bank of LeadvilleSupreme Court of Colorado · 1887
  5. Austin v. Tecumseh National BankNebraska Supreme Court · 1896

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3Cited by6 opinions

  1. Western Spring Service Co. v. AndrewCourt of Appeals for the Tenth Circuit · 1956
  2. Morrison v. SewellCourt of Appeals of Texas · 1927
  3. E. C. Roper, Inc. v. Wilson & Toomer Fertilizer Co.Supreme Court of Florida · 1934
  4. Beaver Park Co. v. HobsonSupreme Court of Colorado · 1929
  5. Western Spring Service Co., Inc., a Corporation, J. A. Hingley MacHine Company, a Partnership, J. A. Hingley MacHine Company Trust, a Business Trust, Cecil D. Hingley, Ernest A. Hingley, Josephine M. Hingley, Nell M. Hingley and Alice M. Hingley v. Merrill Andrew, Western Spring Service Co., Inc., a Corporation, J. A. Hingley MacHine Company, a Partnership, J. A. Hingley MacHine Company Trust, a Business Trust, Cecil D. Hingley, Ernest A. Hingley, Josephine M. Hingley, Nell M. Hingley and Alice M. Hingley v. Catherine AndrewCourt of Appeals for the Tenth Circuit · 1956

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