Crymble v. Mulvaney
Supreme Court of Colorado
Appeal from the District Court of Chaffee County. This is all action brought by the appellee to recover damages for the alleged unlawful taking of certain goods, wares and merchandise by the appellants. The nature of the case and the questions involved can be better understood by a brief statement of so much of the pleadings as present the material issue.
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Appeal from the District Court of Chaffee County. This is all action brought by the appellee to recover damages for the alleged unlawful taking of certain goods, wares and merchandise by the appellants. The nature of the case and the questions involved can be better understood by a brief statement of so much of the pleadings as present the material issue. The complaint, inter aha, alleges, in substance, that appellee was, at the time of the grievance complained of, a merchant carrying on a wholesale and retail business; that on or about the 18th of December, 1890, The C. S. Morey Mercantile…
1Opinion of the CourtJustice Goddard
It will be seen from the foregoing statement that appellants attack the validity of the sale of the goods in question, by The Salida Mercantile Company to appellee, upon the ground both of fraud in fact and fraud in law. In support *207of the first ground, while the}*- do not question the adequacy of the consideration paid by appellee, or claim that he committed any fraud upon the company or its stockholders in purchasing the goods, they insist that by reason of his fiduciary relations to the company, being a director and its manager, he was disqualified from purchasing at all, since in doing so…
2Cases cited5 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Beach v. MillerIllinois Supreme Court · 1889
- Cook v. MannSupreme Court of Colorado · 1881
- Harts v. BrownIllinois Supreme Court · 1875
- White v. WebbSupreme Court of Connecticut · 1842
3Cited by15 opinions
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Calhoun v. Universal Credit Co.Utah Supreme Court · 1944
- National Bank of Commerce in Denver v. AllenCourt of Appeals for the Eighth Circuit · 1898
- Page v. YoolSupreme Court of Colorado · 1901
- Reyher v. MayneSupreme Court of Colorado · 1932
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