Mason v. Sieglitz
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. The plaintiff in this case was F. P. Sieglitz; the defendants were James F. Mason, Thomas S. O’Neal, and the Colorado National Bank.
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Appeal from the District Court of Arapahoe County. The plaintiff in this case was F. P. Sieglitz; the defendants were James F. Mason, Thomas S. O’Neal, and the Colorado National Bank. The complaint alleges that on the 12th of July, 1889, the plaintiff, the defendant Mason, and one C. E. Moorman, made a joint agreement in writing, the purport of which was that if through their instrumentality a sale was made of the Brush-Heap mining property in New Mexico, these three parties were to share equally in the commissions of said sale. The details in effecting the sale were intrusted by the…
1Opinion of the CourtJustice Campbell
It will be seen that both defendants disclaim any interest an the fund which the plaintiff seeks to recover, although in their answers they aver that it belongs to the intervenors. The real controversy is between the plaintiff and the intervenors. The issue, as tried, and as all of the parties to this controversy consider it, was : Have the defendants and the intervenors, or any of them, fraudulently appropriated and converted to their own use money belonging to the plaintiff?
The claim of the plaintiff is that this fund constitutes a part of the commissions earned by him, Moorman and Mason,…
2Cases cited11 opinions
- Worley v. MooreIndiana Supreme Court · 1884
- Louisville & Nashville Railroad v. OrrIndiana Supreme Court · 1882
- Wheeler v. ArnoldMichigan Supreme Court · 1874
- Orman v. MannixSupreme Court of Colorado · 1892
- Buckner v. RiesSupreme Court of Missouri · 1864
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lavelle v. Town of JulesburgSupreme Court of Colorado · 1910
- Morris v. RedakSupreme Court of Colorado · 1951
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
- Miller v. SingerSupreme Court of Colorado · 1955
- Bielenberg v. HigginsMontana Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.