Martin v. Cole
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Assumpsit. On the 17th of July, 1868, Webb made his promissory note payable to Martin or order, eighteen months after date, for the sum of $1,414.15, with interest at three per cent per month from date until paid. The note was indorsed, “Pay to the order of Luther A. Cole, value received. John H. Martin.” Cole as indorsee sued Martin as indorser.
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Error to the District Court of Arapahoe County. Assumpsit. On the 17th of July, 1868, Webb made his promissory note payable to Martin or order, eighteen months after date, for the sum of $1,414.15, with interest at three per cent per month from date until paid. The note was indorsed, “Pay to the order of Luther A. Cole, value received. John H. Martin.” Cole as indorsee sued Martin as indorser. The cause was tried by the court without a jury, and the plaintiff recovered judgment for $2,478.07. Thereupon Martin sued out this writ of error.
1Opinion of the CourtA. W. Stone, J.
This is an action by an indorsee against the indorser of a promissory note. The defendant filed a special plea, setting up a parol contemporaneous agreement between himself and the plaintiff, that the indorsement was made in blank, to enable the holder to collect it in his own name, and that it should never be filled up so as to make the defendant liable in any manner upon the same. To this plea the plaintiff demurred, and the demurrer was sustained. The defendant sought to prove the facts set up in the plea, under the general issue. The judgment on the demurrer and the refusal of the court…
2Cases cited4 opinions
- Dale v. GearSupreme Court of Connecticut · 1871
- Campbell v. RobbinsIndiana Supreme Court · 1868
- Mason v. BurtonIllinois Supreme Court · 1870
- Dale v. GearSupreme Court of Connecticut · 1872
3Cited by6 opinions
- Interstate Trust Co. v. United States National BankSupreme Court of Colorado · 1919
- Boyles Bros. Drilling Co. v. Orion Industries, Ltd.Colorado Court of Appeals · 1988
- Torbert v. MontagueSupreme Court of Colorado · 1906
- Kinsel v. WielandSupreme Court of Colorado · 1906
- Doom v. SherwinSupreme Court of Colorado · 1894
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