Edmouston v. Ascough
Supreme Court of Colorado
Error to the County Court of El Paso County. Ron. Robert Kerr, Judge. Action on a promissory note by W. D. Ascongli against W. A. Edmonston and one Dustin. From a judgment against Edmonston as a comaker of the note, he brings error.
1Opinion of the CourtJustice Helm
The judgment before us was not appealable to this court. The appeal, therefore, has been dismissed and the cause redocketed on error. The court having jurisdiction by writ of error, such proceeding is in accord with the statute. — D. & R. G. R. R. Co. v. Peterson, 30 Colo. 79.
The action was against Edmonston and one Dustin upon a promissory note. Edmonston signed the instrument, prefixing the word “surety” to his signature. The judgment is against him as a comaker and primary party to the contract.
The grounds relied on for reversal are: 1st, that Ascough, by verbal agreement* released…
2Cases cited2 opinions
- Good v. MartinSupreme Court of Colorado · 1869
- Byers v. TritchColorado Court of Appeals · 1898
3Cited by7 opinions
- Tisdel v. Central Savings Bank & Trust Co.Supreme Court of Colorado · 1931
- Merchants' National Bank v. SmithMontana Supreme Court · 1921
- Brown v. Estate of HollowaySupreme Court of Colorado · 1909
- Milner Bank & Trust Co. v. Estate of WhippleSupreme Court of Colorado · 1916
- Coughlin v. TruittSupreme Court of Colorado · 1961
2 more not listed; retrieve them via the Exa API.