Lahay v. City National Bank
Supreme Court of Colorado
Appeal from Superior Court of Denver. This cause of action arose in consequence of the payment of money to the wrong person upon the following written instrument: “First National Bank of Chicago. Chicago, J, 3, 1885. City Nat’l Bank, Denver, Colo.: Tour account has credit for sis hundred dollars, deposited by J. Phillipe, for use of John Phillipe. Confirmation of above will be given in our advice of this date. $600. J. Chapman, Teller.”
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Appeal from Superior Court of Denver. This cause of action arose in consequence of the payment of money to the wrong person upon the following written instrument: “First National Bank of Chicago. Chicago, J, 3, 1885. City Nat’l Bank, Denver, Colo.: Tour account has credit for sis hundred dollars, deposited by J. Phillipe, for use of John Phillipe. Confirmation of above will be given in our advice of this date. $600. J. Chapman, Teller.” It is alleged in the complaint that this instrument came into the possession of one Paul D’Armenthal, who applied to appellee for the payment of the sum…
1Opinion of the CourtJustice Hayt
The allegations of the complaint are established by a large preponderance of the evidence introduced at the trial. In addition to this, we have the findings of the trial court in support thereof. The only question to be considered upon this appeal, therefore, is, are the facts as pleaded sufficient, under the law, to give appellee a right of recovery as against appellant?
The action is founded upon the deceit practiced upon appellee by appellant, by means of which appellee was induced to pay the amount of the certificate to D’Armenthal, who had no claim to the money, instead of to John…
2Cases cited1 opinion
- Sellar v. ClellandSupreme Court of Colorado · 1875
3Cited by18 opinions
- Gagne v. BertranCalifornia Supreme Court · 1954
- Ronald M. Byrnes v. The Mutual Life Insurance Company of New York, a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Otis & Co. v. GrimesSupreme Court of Colorado · 1935
- American Bonding & Trust Co. v. BurkeSupreme Court of Colorado · 1906
- Kilpatrick v. MillerSupreme Court of Colorado · 1913
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