Thatcher v. Rockwell
Supreme Court of Colorado
Appeal from District Court of Gilpin County. Assumpsit. The declaration consisted of a special count, and the common counts for money had and received, money loaned and money found due on an account stated. The defendant demurred to the special count; the demurrer was sustained. To the common counts the defendant interposed the pleas of the general issue, payment and set-off.
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Appeal from District Court of Gilpin County. Assumpsit. The declaration consisted of a special count, and the common counts for money had and received, money loaned and money found due on an account stated. The defendant demurred to the special count; the demurrer was sustained. To the common counts the defendant interposed the pleas of the general issue, payment and set-off. At a subsequent term, to which the cause had been continued, leave was given defendants to file an additional plea, which plea was, in substance, as follows: “That in the year 1867, the banking house of Warren Hussey &…
1Opinion of the CourtThatcher, C. J.
The appellants here were defendants in the court below. One of the principal questions presented by the record in this case concerns the plea of puis darrein continuance, and the evidence introduced under the issue* formed by the plaintiff’s replication thereto, and the defendants’ rejoinder to such replication. By this plea it was set up that plaintiff had been adjudged a bankrupt (since the last continuance of the cause) in United States district court of the southern district of the State of Illinois, the appointment and qualification of one Fisher as his assignee in bankruptcy; that the…
2Cases cited8 opinions
- Wiswall v. CampbellSupreme Court of the United States · 1876
- White v. LuningSupreme Court of the United States · 1876
- Cook v. . WhippleNew York Court of Appeals · 1873
- Burgwin v. BabcockIllinois Supreme Court · 1849
- Blin v. PierceSupreme Court of Vermont · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Eckles v. Petco Inc., Interstate (In Re Balducci Oil Co.)United States Bankruptcy Court, D. Colorado · 1983
- Dozenback v. RaymerSupreme Court of Colorado · 1889
- Stratton Cripple Creek Mining & Development Co. v. EllisonSupreme Court of Colorado · 1908
- Thalheimer v. CrowSupreme Court of Colorado · 1889
- Fisk v. ReserSupreme Court of Colorado · 1893
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