Hamill v. German Nat. Bank
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Appellee, as plaintiff, filed his complaint in the court below in substance alleging: (1) The corporate capacity of the plaintiff.
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Appeal from District Court of Arapahoe County. Appellee, as plaintiff, filed his complaint in the court below in substance alleging: (1) The corporate capacity of the plaintiff. (2) That on September 20, 1880, one W. Willet Rose made and executed the following note: “ $1,000. Georgetown, Colo., 20th Sept., 1880. Four years after date I promise to pay to W. A. Hamill, or order, the sum of $1,000, for value received, negotiable and payable, without defalcation or discount, at the office of W. A. Hamill, Georgetown, Colo., with interest at the rate of ten per cent, per annum from date until…
1Opinion of the CourtJustice Hayt
At the trial all the allegations of the complaint were either directly conceded to be true by the defendant or proved by the uncontroverted evidence offered on the part of the plaintiff; the defendant relying for a defense to the present action upon the alleged agreement of plaintiff to dismiss the suit. The only evidence offered in support of such an agreement is contained in the following letter, introduced by appellant, and acknowledged by the parties to be the letter which accompanied the $1,000 payment: “London, England, March 80, '86. J. A. Cooper, Esq., Cashier German National Bank,…
2Cases cited10 opinions
- Libby v. HopkinsSupreme Court of the United States · 1881
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Preston v. GrantSupreme Court of Vermont · 1861
- Bull v. BullSupreme Court of Connecticut · 1876
- Potter v. DouglassSupreme Court of Connecticut · 1877
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