Best v. Rocky Mountain National Bank
Supreme Court of Colorado
Error to the' District Court of Gilpin County. Hon. A. H. De France, Judge. Action by The Rocky Mountain National Bank of central City, Colorado, against John Best, Byron J..Smith and Joseph H. Smith. From a judgment in favor of plaintiff, defendant Best brings error.
1Opinion of the CourtJustice Gunter
This was an action 'against Byron J. Smith, Joseph H. Smith, and plaintiff in error, John Best, to recover upon a promissory note executed by them. There was a judgment by default against Byron J. Smith, and a verdict and judgment against Joseph H. Smith, and plaintiff in error, John Best. Two points are principally relied upon for a reversal.
*1511. That plaintiff had no right to maintain the action, that is, that it was not the real party in interest nnder section 3, Mills ’ Ann. Code. The facts pertinent to this contention were these: In October, 1889, Joseph H. Smith and Byron J. Smith were…
2Cases cited17 opinions
- Grant v. VarneySupreme Court of Colorado · 1895
- First Nat. Bank v. HummelSupreme Court of Colorado · 1890
- Manistee National Bank v. SeymourMichigan Supreme Court · 1887
- Perot v. CooperSupreme Court of Colorado · 1891
- Bogie v. NolanSupreme Court of Missouri · 1888
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- Hickman-Lunbeck Grocery Co. v. HagerSupreme Court of Colorado · 1924
- Winnemucca State Bank & Trust Co. v. CorbeilNevada Supreme Court · 1919
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