Cowan v. Hallack
Supreme Court of Colorado
Error to County Court of Arapahoe County. The said plaintiff complains of the said defendant, and says that heretofore, to wit, on the 15th day of July, 1881, one Henry A. Garvey was indebted to the said plaintiff in the sum of $277.81 for goods, wares and merchandise, before that time sold and delivered by plaintiff to 'the said Garvey, for which said goods,-wares and merchandise a bill was made out by plaintiff against the said Garvey, and delivered to and approved by him,…
Read the full summary
Error to County Court of Arapahoe County. The said plaintiff complains of the said defendant, and says that heretofore, to wit, on the 15th day of July, 1881, one Henry A. Garvey was indebted to the said plaintiff in the sum of $277.81 for goods, wares and merchandise, before that time sold and delivered by plaintiff to 'the said Garvey, for which said goods,-wares and merchandise a bill was made out by plaintiff against the said Garvey, and delivered to and approved by him, which said bill, so made out and presented to and approved by the said Garvey, was in words and figures as follows, to…
1Opinion of the CourtElbert, J.
Hallack’s account with Garvey, upon which the undertaking sued upon appears to have been indorsed, is an ordinary itemized statement by a merchant of his account with a debtor. The language of the undertaking so indorsed is as follows:
“ I hereby accept this bill, in compliance with the terms of contract and specification with Mr. H. A. Garvey, payable to E. F. Hallack thirty days after July 9, 1881.
[Signed] “E. E. Cowan.”
The defense admitted the signature, and that no payment had been made. Aside from this, the undertaking was all the evidence introduced on the trial in the court below, and…
2Cases cited11 opinions
- Archer v. ClaflinIllinois Supreme Court · 1863
- White v. SmithIllinois Supreme Court · 1875
- Roosa v. CristIllinois Supreme Court · 1856
- Whitney v. StearnsSupreme Judicial Court of Maine · 1839
- Jacquin v. WarrenIllinois Supreme Court · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Salazar v. TaylorSupreme Court of Colorado · 1893
- Schmitz v. Hawkeye Gold Mining Co.South Dakota Supreme Court · 1896
- Haggard v. Mutual Oil & Refining Co.Court of Appeals of Kentucky · 1924
- Soldier Valley Savings Bank v. Camanche Sand & Gravel Co.Supreme Court of Iowa · 1935
- Campbell v. Equitable Securities Co.Colorado Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.