Sutton v. Dana
Supreme Court of Colorado
ÁpfioÁ from Pistfioi Coxlfh of Pouf as Voting Tnn appellant was plaintiff below, and bfouglit Ms action, against defendant for the taking and conversion of a stock of merchandise of wMch plaintiff claimed to be the owner.
Read the full summary
ÁpfioÁ from Pistfioi Coxlfh of Pouf as Voting Tnn appellant was plaintiff below, and bfouglit Ms action, against defendant for the taking and conversion of a stock of merchandise of wMch plaintiff claimed to be the owner. The defendant was sheriff of El Paso county, .and justified the taking nnder judgment and execution against one Co^ nant, the original owner of the property, pleading specially that the sale thereof to plaintiff was fraudulent and void as against the creditors of Conant, The evidence tended to show that Conant, being iff the mercantile business and in failing circumstances,…
1Opinion of the CourtJustice Elliott
The general'rule is that the measure of damages in actions for the conversion of personalty is the value of the property at the time of the taking, with legal interest thereon from the date of the taking to the date of rendering verdict. It was. error for the court to refuse to give *101an instruction' to this effect, as requested by plaintiff’s counsel. The error, however, is not material upon this review, unless it be found, that other error was committed which may have improperly caused the trial to result in favor of defendant. Refining Co. v. Tabor, 13 Colo. 59; Oppenheimer v. Railway Co. 9…
2Cases cited6 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Boyce v. California Stage Co.California Supreme Court · 1864
- Edwards v. Denver & R. G. R.Supreme Court of Colorado · 1889
- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Campbell v. Colorado Coal & Iron Co.Supreme Court of Colorado · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cree v. LewisSupreme Court of Colorado · 1910
- New Dunderberg Min. Co. v. OldCourt of Appeals for the Eighth Circuit · 1899
- Isabella Gold Mining Co. v. GlennSupreme Court of Colorado · 1906
- Marsh v. CramerSupreme Court of Colorado · 1891
- Updegraff v. LesemColorado Court of Appeals · 1900
12 more not listed; retrieve them via the Exa API.