Fitch v. Hammer
Supreme Court of Colorado
Appeal from County Court of Douglas County. This is a suit upon a promissory note. The note is set forth in hoee verla in the complaint, and reads as follows: “$577 Castle Rook, Colo. July 21,1836. “ One year after date I promise to pay to the order of E. R. Benton, $577 at Castle Rock, value received, with interest at one per cent per month until paid, interest payable every six months. (Signed) Daniel Fitch, Hugh Taylor, Benj. Hammer.”
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Appeal from County Court of Douglas County. This is a suit upon a promissory note. The note is set forth in hoee verla in the complaint, and reads as follows: “$577 Castle Rook, Colo. July 21,1836. “ One year after date I promise to pay to the order of E. R. Benton, $577 at Castle Rock, value received, with interest at one per cent per month until paid, interest payable every six months. (Signed) Daniel Fitch, Hugh Taylor, Benj. Hammer.” It it further alleged that as between the plaintiff and defendant herein, the defendant was as aforesaid the principal maker of said note and that plaintiffs…
1Opinion of the CourtChief Justice Hayt
The attachment in this case is sought to be maintained solely upon the thirteenth ground of attachment as found in the Code, to wit: that the action is brought upon an overdue promissory note for the direct and unconditional payment of money only.
We do not think that this section was intended to cover a case of this kind. The payee named in the note, after maturity, might have maintained an attachment under this section, against the makers, and for this reason it is claimed that *594he could assign such right to the accommodation makers to be used in their favor against one for whose benefit the…
2Cases cited2 opinions
- Gordon v. WanseyCalifornia Supreme Court · 1862
- New Bedford Institution for Savings v. HathawayMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- Allen v. See. In Re SimmonsCourt of Appeals for the Tenth Circuit · 1952
- City of Grand Junction v. Ute Water Conservancy DistrictSupreme Court of Colorado · 1995
- Milner v. EskridgeSupreme Court of Colorado · 1917
- March v. BarnetCalifornia Supreme Court · 1898
- Shinn v. KitchensSupreme Court of Arkansas · 1945
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