Thomas v. Thomas
Supreme Court of Colorado
Action to recover corporate stock issued through a mistake. Judgment for plaintiff. Error to the District Court of the City and County of Denver, Hon. Henry J. Hersey, Judge.
1Opinion of the CourtJustice Denison
Theodore H. Thomas, plaintiff below, brought suit against Lizzie M. Thomas, his sister-in-law, alleging that in a certain division of stock in the Quintet Mining Company between the plaintiff, his brother, Thornton H. Thomas, and the defendant, made on February 28th, 1912, the defendant had by mistake received 556 shares too much.
The court found for the plaintiff and decreed the return of the shares and the payment of certain dividends, which in the meantime had been received thereon, and the defendant brings error.
First: The first point made by the plaintiff in error is that the complaint…
2Cases cited3 opinions
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1894
- Emerson v. NavarroTexas Supreme Court · 1868
- Ainsfield v. MoreNebraska Supreme Court · 1890