Legal Opinion

Thomas v. Colorado Nat. Bank

Supreme Court of Colorado

Decided October 15, 1888PublishedCited by 6 opinions

Appeal from Arapahoe County Court. This was an action by the appellee, Colorado National Bank, resident of Arapahoe county, against the appellant, Theodore H. Thomas, resident of Gunnison county, upon a promissory note made and delivered at Gunnison, April 18, 1884, whereby the appellant, for value received, promised to pay to the order of Struby, Estabrook & Go., in ninety days thereafter, at the Iron National Bank, in Gunnison, the sum of $500, with interest from date at…

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Appeal from Arapahoe County Court. This was an action by the appellee, Colorado National Bank, resident of Arapahoe county, against the appellant, Theodore H. Thomas, resident of Gunnison county, upon a promissory note made and delivered at Gunnison, April 18, 1884, whereby the appellant, for value received, promised to pay to the order of Struby, Estabrook & Go., in ninety days thereafter, at the Iron National Bank, in Gunnison, the sum of $500, with interest from date at the rate of twelve per cent, per annum, and ten per cent, as attorneys’ fees, if suit should be instituted thereon; which…

1Opinion of the Court

Stallcup, C.

It is assigned and argued here that tne court erred in denying the motion to quash the summons, and in entertaining jurisdiction of the case,.-because the said summons was not issued to the county, nor to the sheriff of the county, in which the defendant was served; because it does not appear from the summons, nor the return thereon, that C. W. Shores was, at the-time the same purports to have been served, the duly-qualified sheriff of Gunnison county; because the contract was made payable in Gunnison county, and that the-defendant was resident there; and that the court erred in…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Law v. BrinkerSupreme Court of Colorado · 1883

3Cited by6 opinions

  1. Reed v. First National BankSupreme Court of Colorado · 1897
  2. Isham v. PeopleSupreme Court of Colorado · 1927
  3. Ruth v. SmithSupreme Court of Colorado · 1901
  4. Adamson v. BergenColorado Court of Appeals · 1900
  5. Adamson v. BergenColorado Court of Appeals · 1900

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