Hardy v. Swigart
Supreme Court of Colorado
Error to the District Court of Clear Creek County. This action was brought by H. M. Swigart, as trustee (defendant in error) to foreclose a trust deed on the West Santa Fé mining lode, situate in Clear Creek county, Colorado, securing a note of $3,500 given by the Fortunatus Gold and Silver Mining Company to George E. McClelland, and by him transferred to Solomon Favinger, the present holder.
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Error to the District Court of Clear Creek County. This action was brought by H. M. Swigart, as trustee (defendant in error) to foreclose a trust deed on the West Santa Fé mining lode, situate in Clear Creek county, Colorado, securing a note of $3,500 given by the Fortunatus Gold and Silver Mining Company to George E. McClelland, and by him transferred to Solomon Favinger, the present holder. As additional relief the plaintiff asked to have a certain other trust deed of earlier date and covering the same property adjudged a subsequent lien thereto. The defendants in the suit were the mining…
1Opinion of the CourtChief Justice Campbell
The foregoing statement of facts furnishes a complete answer to the contention of the plaintiff in error. It is seldom *142¡indeed that a record abounds in so many satisfactory reasons 4or the decision of the trial court, and the embarrassment here •is in the selection of the grounds upon which to affirm the .judgment below.
That Hardy’s execution of the stockholders’ agreement of February 1, if untainted with fraud, operated as a payment •and cancellation of his notes, is admitted. The only fraud •charged is that Chaney and Duncan fraudulently procured his signature to that agreement. Whether he…
2Cases cited2 opinions
- Fillmore v. WellsSupreme Court of Colorado · 1887
- Elliott v. FieldSupreme Court of Colorado · 1895
3Cited by5 opinions
- Micheletti v. MoidelSupreme Court of Colorado · 1934
- Merrill v. BarrSupreme Court of Colorado · 1923
- International Trust Co. v. LoweSupreme Court of Colorado · 1919
- Walsmith v. HudsonSupreme Court of Colorado · 1925
- Ogden First Federal Savings & Loan Ass'n v. ArmstrongSupreme Court of Colorado · 1943