First National Bank v. Clark's Estate
Supreme Court of Colorado
Error to El Raso County Court. Hon. John E. Little, Judge. Plaintiff in-error filed a claim against the estate of Clark, deceased, which was founded upon a note in the sum of $3,000, signed by Clark as surety.
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Error to El Raso County Court. Hon. John E. Little, Judge. Plaintiff in-error filed a claim against the estate of Clark, deceased, which was founded upon a note in the sum of $3,000, signed by Clark as surety. The parties stipulated the following facts: Plaintiff in error is a banking corporation engaged in the business of banking at Phillips-burg, Kansas, and has been since 1890; that James & Company owned a drug store in Phillipsburg, and on August 21st, 1907, were indebted to the bank in the sum of $6,650; that Nelson was a member of this firm, and arranged to buy his partner’s interest in…
1Opinion of the CourtGabbert, C. J.
The parties stipulated that the judgment in the bankruptcy proceedings should be received in evidence. They also stipulated that facts agreed upon could be explained or extended in their effect by other testimony not contradictory to those stipulated, consequently évidence falling within this stipulation was admissible. The evident purpose of introducing the judgment was to prove that the chattel mortgage had been declared invalid. Under the stipulation, testimony which would establish what facts and issues were determined in the proceedings in which that judgment was rendered, was therefore,…
2Cases cited9 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Franklin Bank v. CooperSupreme Judicial Court of Maine · 1853
- Hood v. HoodMassachusetts Supreme Judicial Court · 1872
- Hopkins v. BoydIndiana Court of Appeals · 1897
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