Schroers v. Fisk
Supreme Court of Colorado
Error to Superior Court of Denver. The complaint in this action alleges, in substance, that the Denver Fire Insurance Company was a corporation organized under the laws of this state; that it had accepted, under its corporate seal, certain bills of exchange (one of them having been drawn by the plaintiff), and had executed certain promissory notes for the several sums of money, and payable to the respective parties, stated and named in said instruments; that they had been…
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Error to Superior Court of Denver. The complaint in this action alleges, in substance, that the Denver Fire Insurance Company was a corporation organized under the laws of this state; that it had accepted, under its corporate seal, certain bills of exchange (one of them having been drawn by the plaintiff), and had executed certain promissory notes for the several sums of money, and payable to the respective parties, stated and named in said instruments; that they had been assigned to the plaintiff, and that all of them are due and unpaid. The defendants named in the complaint are Fisk,…
1Opinion of the CourtBeck, C. J.
The main question presented for our decision by this récord is whether the plea of former recovery interposed in the superior court to the plaintiff’s complaint by defendant Fisk was properly sustained. The parties and the cause of action were the same in both cases. The rule of law applies, therefore, that the prima facie presumption is that the questions presented for decision were the same, unless it appears that the merits of the controversy were not involved in the issue. If the former suit was brought to enforce the same rights sought to be remedied by the present action, and the…
2Cases cited6 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Salmon v. RichardsonSupreme Court of Connecticut · 1862
- Humphreys v. MooneySupreme Court of Colorado · 1880
- Philadelphia, Wilmington & Baltimore Railroad v. ConstableCourt of Appeals of Maryland · 1873
- Emigh v. Pittsburgh, Ft. W. & C. R.U.S. Circuit Court for the District of Indiana · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. CowellSupreme Court of Colorado · 1907
- Smith v. SMITH, BARNEY, ETC.District Court, W.D. Missouri · 1981
- Aguilera v. Pérez LugoSupreme Court of Puerto Rico · 1937
- Heiselt v. BrownSupreme Court of Colorado · 1947
- Massachusetts Bonding & Insurance Co. v. GinsbergSupreme Court of Colorado · 1955
2 more not listed; retrieve them via the Exa API.