Legal Opinion

De St. Aubin v. Marshall Field & Co.

Supreme Court of Colorado

Decided April 15, 1900No. 3928PublishedCited by 9 opinions

Appeal from the District Court of G-arfield County. Action in replevin by appellees, as plaintiffs, to recover from appellant, as defendant, certain personal property. From a verdict and judgment in favor of plaintiffs, the defendant appeals.

1Opinion of the CourtJustice Gabbert

The subject-matter of controversy in this action is the ownership and right of possession of a stock of merchandise at Glenwood Springs. Up to July 18,1896, Magnan & Company owned this stock, as, also, another at Aspen. On this date they sold both stocks to appellant, who thereupon took possession. At this time Magnan & Company were indebted to appellees. For the purpose of paying this indebtedness, the latter claimed the following mutual arrangement was effected: The transaction between appellant and Magnan & Company was rescinded, and the stocks of merchandise returned to A. U. Magnan, of…

2Cases cited4 opinions

  1. Lingham v. EgglestonMichigan Supreme Court · 1873
  2. Hahn v. DoolittleWisconsin Supreme Court · 1864
  3. Hatch v. FowlerMichigan Supreme Court · 1873
  4. Sandler v. BresnahamMichigan Supreme Court · 1884

3Cited by9 opinions

  1. Creek v. Lebo Investment Co.Supreme Court of Colorado · 1929
  2. Little Dorrit Gold Mining Co. v. Arapahoe Gold Mining Co.Supreme Court of Colorado · 1902
  3. Liberty Nat. Bank of Pawhuska v. ExendineSupreme Court of Oklahoma · 1932
  4. Mountz v. AptSupreme Court of Colorado · 1911
  5. Finnerty v. Stratton's EstateSupreme Court of Colorado · 1912

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