Chappell v. McKeough
Supreme Court of Colorado
Appeal from the District Court of Las Animas County. This is an action brought by James McKeough, Jr., as the assignee of a certain promissory note against W. A. Burnett, James M. John and Delos A. Chappell, to recover a balance alleged to be ■ due thereon. Burnett and John made default.
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Appeal from the District Court of Las Animas County. This is an action brought by James McKeough, Jr., as the assignee of a certain promissory note against W. A. Burnett, James M. John and Delos A. Chappell, to recover a balance alleged to be ■ due thereon. Burnett and John made default. Chappell interposed several defenses: First, denial of the assignment of the note to McKeough, or that he was the owner of the note; second, payment; third, that John, and not McKeough, was the real party in interest. The further defenses aver that John and Chappell signed the note as cosureties for Burnett,…
1Opinion of the CourtJustice Goddard
It appears from the evidence that on November 12, 1888, W. A. Burnett, James M. John and Delos A. Chappell executed to the First National Bank of Pueblo their promissory note for $10,000 (the note in suit), payable one year after date, with interest; Chappell and John executing the note as sureties for Burnett. About the time of its maturity, the note was sent by the First National Bank of Pueblo to the First National Bank of Trinidad, indorsed “Collect for account and credit First National Bank of Pueblo.” On April 2,1890, the Trinidad bank paid the Pueblo bank the full amount of the note,…
2Cases cited4 opinions
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Fitch v. HammerSupreme Court of Colorado · 1892
- Swem v. NewellSupreme Court of Colorado · 1894
3Cited by2 opinions
- Briscol v. American Southern Trust Co.Supreme Court of Arkansas · 1928
- Welfare Investment Co. v. StowellCalifornia Court of Appeal · 1935