Tourtelotte v. Brown
Colorado Court of Appeals
Error to District Court of Arapahoe County. Defendant in error was sued in his representative capacity as administrator of the estate of Francina Hawkins, who died in the year 1889, leaving two daughters, Mrs. Maggie A. Hurd and Mrs. Pickard.
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Error to District Court of Arapahoe County. Defendant in error was sued in his representative capacity as administrator of the estate of Francina Hawkins, who died in the year 1889, leaving two daughters, Mrs. Maggie A. Hurd and Mrs. Pickard. This action was brought by plaintiff’ in error, who resides, or did at the time of the transaction, in the state of Wisconsin, as assignee of a promissory note of which the following is a copy: “Denver, July 30, 1887. “In consideration of the payment of three hundred dollars in cash, the receipt whereof is hereby acknowledged, and other good and valuable…
1Opinion of the CourtReed, J.
Whether the signature to the note was genuine or a forgery was put directly in issue by the pleadings,— was the controlling issue. If found a forgery there was an-*413end of plaintiff’s case; if found genuine other legitimate issues must of necessity be determined and found for the defendant to defeat a recovery. The direct question was propounded to the jury for a special finding. No finding was made, but a statement was returned that the jury could not agree, which was accepted by the court. A general verdict for the defendant was also returned, accepted, and a judgment entered upon it. We are…
2Cases cited11 opinions
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- Brown v. SpoffordSupreme Court of the United States · 1877
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3Cited by13 opinions
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- Drake v. Justice Gold Mining Co.Supreme Court of Colorado · 1904
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