Benesch v. Waggner
Supreme Court of Colorado
Appeal from Superior Court of Denver. Action for claim and delivery of personal property. Evidence was introduced upon the trial below for the purpose of showing that the goods in controversy were obtained from the appellee, 0. E. Waggner, who was plaintiff below, by the false and fraudulent representations of one Charles Marzyck, and that the appellants, Joseph L. Benesch et al, who subsequently obtained the said goods from Marzyck, were not bona fide purchasers for value.
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Appeal from Superior Court of Denver. Action for claim and delivery of personal property. Evidence was introduced upon the trial below for the purpose of showing that the goods in controversy were obtained from the appellee, 0. E. Waggner, who was plaintiff below, by the false and fraudulent representations of one Charles Marzyck, and that the appellants, Joseph L. Benesch et al, who subsequently obtained the said goods from Marzyck, were not bona fide purchasers for value. A trial to the court without the intervention of a jury resulted in a judgment for appellee. To reverse this judgment…
1Opinion of the CourtJustice Hayt
1. The first assignment of error relates to the admission, against objection, of evidence tending to show that plaintiff was induced to part with the goods in the first instance by the fraudulent conduct of Marzyck, and also to the admission of evidence of the fraudulent nature of the subsequent transfer of said goods to the appellants by Marzyck; the claim advanced by appellants being that, as the complaint is in the ordinary form of complaints in replevin in the detinet, without any allegations of fraud, proof of fraud was not admissible under the pleadings.
The requisites of a complaint in…
2Cases cited8 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Decker v. . MathewsNew York Court of Appeals · 1855
- Nudd v. ThompsonCalifornia Supreme Court · 1867
- Diossy v. . MorganNew York Court of Appeals · 1878
- Pearse v. PettisNew York Supreme Court · 1866
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3Cited by13 opinions
- Wendling Lumber Co. v. Glenwood Lumber Co.California Supreme Court · 1908
- De Votie v. McGerrSupreme Court of Colorado · 1890
- Seeleman v. HoaglandSupreme Court of Colorado · 1893
- Illinois Sewing Machine Co. v. HarrisonSupreme Court of Colorado · 1908
- Warren v. OlsonNorth Dakota Supreme Court · 1920
8 more not listed; retrieve them via the Exa API.