Tucker v. Parks
Supreme Court of Colorado
Appeal from District Court of Lake County. Replevin, by Daniel E. Parks, assignee of Freudenfield and Jelenko, against Tucker, sheriff of Lake county. The instruction given upon the question of damages, and held to be erroneous, was as follows: Fifth instruction.
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Appeal from District Court of Lake County. Replevin, by Daniel E. Parks, assignee of Freudenfield and Jelenko, against Tucker, sheriff of Lake county. The instruction given upon the question of damages, and held to be erroneous, was as follows: Fifth instruction. The court instructs the jury that the value of the goods in controversy herein is admitted by the pleadings in this cause to be $7,946.20, and the damages are likewise admitted to be $1,000, and that if the jury believe from the evidence that the plaintiff is entitled to recover in this cause, they will find his damages to be the sum…
1Opinion of the Court
Beck, O. J.
The objection to the introduction in evidence of the articles of assignment was not well taken. It was that the assignee was an attorney at law, and that the instrument provided for the payment to him of counsel fees.
The fact that Parks was an attorney at law did not disqualify him from acting as the assignee of an insolvent firm. In the case cited in support of the objection (Nichols v. McEwen, 17 N. Y. 22), the assignment provided for the payment of “a reasonable counsel fee,” in addition to the “expenses, costs, charges and commissions ” of executing the assignment, .and for…
2Cases cited8 opinions
- Tully v. HarloeCalifornia Supreme Court · 1868
- Nichols v. . McEwenNew York Court of Appeals · 1858
- Jenkins v. SteankaWisconsin Supreme Court · 1865
- Hicks v. MurrayCalifornia Supreme Court · 1872
- Capuro v. Builders' InsuranceCalifornia Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Wilson v. HawthorneSupreme Court of Colorado · 1890
- Davis Cattle Co., Inc. v. Great Western Sugar CompanyDistrict Court, D. Colorado · 1975
- City of Pueblo v. GriffinSupreme Court of Colorado · 1887
- Frankfort Oil Company v. AbramsSupreme Court of Colorado · 1966
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