Allen v. Steiger
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. In 1883 one Vanderweyden, being indebted to appellee Steiger in the sum of $1,300, executed his promissory note therefor, and to secure the same gave a chattel mortgage upon a certain frame building in the city óf Denver, together with “ all the furniture in said house.” Upon the premises at this time and belonging to Vanderweyden was a piano, which instrument is the subject of the present controversy.
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Appeal from District Court of Arapahoe County. In 1883 one Vanderweyden, being indebted to appellee Steiger in the sum of $1,300, executed his promissory note therefor, and to secure the same gave a chattel mortgage upon a certain frame building in the city óf Denver, together with “ all the furniture in said house.” Upon the premises at this time and belonging to Vanderweyden was a piano, which instrument is the subject of the present controversy. The mortgage in question was duly recorded. Thereafter and during the life of this mortgage Vanderweyden gave appellant Allen a bill of sale…
1Opinion of the CourtJustice Helm
The assignments of error ignored by counsel will not be considered by the court. Upon the arguments presented and the record we deem it only necessary to notice three questions. First, the measure of damages adopted in the district court. Counsel for appellant contends that Steiger, if sue*555cessful on the main issue, could only recover damages for the wrongful detention from the date of the judgment rendered by the county court. In this respect, counsel is mistaken.
The original action was not tried upon its merits and there was no adjudication as to the right of possession. That proceeding was…
2Cases cited16 opinions
- Bassinger v. SpanglerSupreme Court of Colorado · 1886
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Cook v. MannSupreme Court of Colorado · 1881
- Atchison v. GrahamSupreme Court of Colorado · 1890
- Wilcox v. JacksonSupreme Court of Colorado · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- Bush v. McMannColorado Court of Appeals · 1899
- Stanley v. Citizens' Coal & Coke Co.Supreme Court of Colorado · 1897
- Babbitt v. Bent County BankSupreme Court of Colorado · 1911
- Crocker v. BurnsColorado Court of Appeals · 1899
13 more not listed; retrieve them via the Exa API.