Cornforth v. Maguire
Supreme Court of Colorado
Appeal from District Court of Lake County. October 11, 1884, Urban Bros., merchants, assigned, and delivered their property to the appellee, William F. Maguire, for the benefit of their creditors. October 14th the appellants, Joseph T. and Emma R. Oornforth, caused the seizure of a part of said property under a writ of attachment issued in the action brought by them against the said Urban Bros., which property was afterwards sold thereunder.
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Appeal from District Court of Lake County. October 11, 1884, Urban Bros., merchants, assigned, and delivered their property to the appellee, William F. Maguire, for the benefit of their creditors. October 14th the appellants, Joseph T. and Emma R. Oornforth, caused the seizure of a part of said property under a writ of attachment issued in the action brought by them against the said Urban Bros., which property was afterwards sold thereunder. The assignee claimed the property so taken, and accordingly intervened in said action under the provisions of section 103 of the code. The appellants…
1Opinion of the Court
Stallcup, C.
The court gave two instructions to the jury. In the first it was stated that in order to defeat the assignee’s right of recovery the jury must find that the assignment had been made for the purpose of fraudulently hindering and delaying the creditors, and that the assignee had knowledge thereof, and accordingly participated therein. In the second the question of damages "was submitted to the jury. It is assigned and argued here that the court erred in both of the instructions given.
As to the first instruction, it is sufficient to state that the record shows no evidence of fraud,…
Also in this document: Per curiam.
2Cited by1 opinion
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