Hurd v. Smith
Supreme Court of Colorado
Appeal from District Court of Clear Creeh County. Margaret Smith, the appellee, commenced her action in the District Court of Clear Creek County, upon two certain promissory notes, given by the appellants, Nathan S. and William J. Hurd, payable to her order, dated July 5, 1877, for two hundred dollars 'each, due eight and eleven months from date, respectively.
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Appeal from District Court of Clear Creeh County. Margaret Smith, the appellee, commenced her action in the District Court of Clear Creek County, upon two certain promissory notes, given by the appellants, Nathan S. and William J. Hurd, payable to her order, dated July 5, 1877, for two hundred dollars 'each, due eight and eleven months from date, respectively. The defendants answered: “ That plaintiff holds said notes in trust for her husband, William F. Smith, who is indebted to defendant, Nathan S. Hurd, in the sum of ten dollars, due and owing since 1877. “ For a second cause of…
1Opinion of the Court
Elbert, O. J.
The defendants set up in their answer six separate defenses. A demurrer was sustained as to the second, third, fourth and fifth defenses, and overruled as to the first and sixth. The defendants stood by their fifth defense, and took leave to amend as to the others. This action waived their right to assign error on the action of the court in sustaining the demurrer, except as to their fifth defense. The fourth defense was not amended and must be considered as abandoned. The amendments made to the second and third defenses were of immaterial matters, and in. nowise changed the…
2Cases cited2 opinions
- Parks v. HolmesIllinois Supreme Court · 1859
- Finley v. SteeleIllinois Supreme Court · 1859
3Cited by16 opinions
- Bernklau v. StevensSupreme Court of Colorado · 1962
- Yates v. HurdSupreme Court of Colorado · 1885
- Prescott v. Puget Sound Bridge & Dredging Co.Washington Supreme Court · 1903
- Rockwell v. HolcombColorado Court of Appeals · 1892
- Enright v. Midland Sampling & Ore Co.Supreme Court of Colorado · 1905
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