Legal Opinion

Bell v. Kaufman

Colorado Court of Appeals

Decided January 15, 1897PublishedCited by 2 opinions

Appeal from the District Court of Clear Creels County. A suit of replevin, of a lot of ready-made clothing alleged to have been worth $579, of which appellees were the original owners. Appellant was sheriff and seized the goods upon a writ of attachment at the suit of I. L. Rachofsky v. David Hepner. Plaintiffs filed the following replication to the answer of the appellant: “ That said David Hepner was not the owner of the goods and chattels replevied at the time.

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Appeal from the District Court of Clear Creels County. A suit of replevin, of a lot of ready-made clothing alleged to have been worth $579, of which appellees were the original owners. Appellant was sheriff and seized the goods upon a writ of attachment at the suit of I. L. Rachofsky v. David Hepner. Plaintiffs filed the following replication to the answer of the appellant: “ That said David Hepner was not the owner of the goods and chattels replevied at the time. Deny that said goods and chattels were subject to levy under attachment of I. L. Rachofsky. That said Hepner, for the purpose of…

1Opinion of the CourtReed, P. J.

A great mass of testimony was taken, covering nearly one hundred pages of printed abstract, and part of Which was depositions and documentary. The evidence shows conclusively that at the time that Hepner purchased the goods in question from appellees he was hopelessly insolvent and that within about thirty days after the last purchase was closed up by the sheriff; also that Hepner made to appellees and their agent false and fraudulent statements in regard to his solvencjq the amount he was worth and his liabilities. It was also testified by appellees and Metz, their agent, that the sale was…

2Cases cited6 opinions

  1. McAleer v. HorseyCourt of Appeals of Maryland · 1872
  2. Safford v. GroutMassachusetts Supreme Judicial Court · 1876
  3. Ruff v. JarrettIllinois Supreme Court · 1880
  4. Gottlieb v. HartmanSupreme Court of Colorado · 1876
  5. Gregory v. SchoenellIndiana Supreme Court · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Jamieson House Furnishing Co. v. BrainardColorado Court of Appeals · 1901
  2. Jamieson House Furnishing Co. v. BrainardColorado Court of Appeals · 1901

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