Legal Opinion

King v. Rea

Supreme Court of Colorado

Decided April 15, 1889PublishedCited by 11 opinions

Appeal from District Court of San Miguel County. This suit was first brought by appellees against the appellant Isaac King and H. L. King in the county court.

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Appeal from District Court of San Miguel County. This suit was first brought by appellees against the appellant Isaac King and H. L. King in the county court. Complaint filed October 7, 1884, counting on two promissory notes, each for the sum of $500, bearing date May 14, 1884, payable respectively in three months and seventeen days, and four months and seventeen days, after date, to William Rea or order, with interest at ten per cent, per annum, and purporting to have been executed by appellant and H. L. King. H. L. King was not served, and did not appear. The answer of appellant is not set…

1Opinion of the Court

Reed, C.

There are numerous errors assigned. The first is that the court erred in permitting plaintiffs to *74amend their complaint so as to introduce a new cause of action. Whether or not the amended complaint introduced a new cause of action it is unnecessary to determine. It does not appear that any objection was made or exception taken to the filing of the amended complaint; 'consequently it will not be considered. Several of the assignments may be considered together, as they go to the testimony admitted to establish the agency of H. L. King, his authority to execute and deliver the notes in…

Also in this document: Per curiam.

2Cases cited4 opinions

  1. Veazie v. WilliamsSupreme Court of the United States · 1850
  2. Johnson v. SmithSupreme Court of Connecticut · 1852
  3. Benedict v. SmithNew York Court of Chancery · 1843
  4. Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1872

3Cited by11 opinions

  1. Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
  2. Anthony v. SlaydenSupreme Court of Colorado · 1900
  3. Messenger v. German American InsuranceSupreme Court of Colorado · 1910
  4. Mullen v. McKimSupreme Court of Colorado · 1896
  5. In re Estate of ThomasSupreme Court of Colorado · 1899

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