Breed v. First National Bank
Supreme Court of Colorado
Appeal from District Court of Cilpin County.. Assumpsit. Declaration on two notes to which the common counts were added. Pleas, general issue and non est factum verified.
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Appeal from District Court of Cilpin County.. Assumpsit. Declaration on two notes to which the common counts were added. Pleas, general issue and non est factum verified. The notes described in the declaration were as follows: “$3,000.00. Central City, Col., Feb. 27, 1875. One month after date we promise to pay to the First National Bank of Central City, or order, the sum of three thousand dollars, for value received, negotiable and payable without defalcation or discount, at their office in Central City, Colorado, with interest at the rate of one and one-half per cent per month from date…
1Opinion of the CourtThatcher, C. J.
Evidence was introduced by plaintiff tending to show that Dawley during and after the spring of 1873 acted as agent or superintendent of Breed; that he continued so to act until and at the time he borrowed money from ¡the bank, for the recovery of which this suit was brought. The contract between Dawley and Breed, if introduced in evidence, would have tended to show that at the time it was entered into, and so long as it remained in force, Dawley was a contractor, and not a superintendent or agent. If the terms of the contract were by verbal agreement, as Breed testifies, made also to apply…
2Cases cited1 opinion
- Union Bank v. MottNew York Supreme Court · 1863
3Cited by17 opinions
- Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Sanford Cattle Co. v. WilliamsColorado Court of Appeals · 1903
- Rizzuto v. R. W. English Lumber Co.Supreme Court of Colorado · 1908
- Ruedy v. Alamosa National BankSupreme Court of Colorado · 1925
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