Legal Opinion

Branham v. Stallings

Supreme Court of Colorado

Decided April 15, 1895PublishedCited by 19 opinions

Error to the County Court of Arapahoe County. This action was brought by Stephen A. D. Stallings, as plaintiff, suing for himself and as assignee for others, for the purpose of recovering back certain moneys paid for the purchase of lots in the Denver University addition to the city of Denver, plaintiff alleging that he was induced to part with his money by reason of the fraudulent conduct of the defendants.

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Error to the County Court of Arapahoe County. This action was brought by Stephen A. D. Stallings, as plaintiff, suing for himself and as assignee for others, for the purpose of recovering back certain moneys paid for the purchase of lots in the Denver University addition to the city of Denver, plaintiff alleging that he was induced to part with his money by reason of the fraudulent conduct of the defendants. The defendants, answering, denied each and every allegation of the complaint, and for further answer alleged: “ That on or about the first day of June, A. D. 1890, said plaintiff and said…

1Opinion of the CourtChief Justice Hayt

By the answer of the defendants it appears that the parties plaintiff and defendants, with others, associated themselves together, organized and formed a lottery association known as the “Denver Lot Club; ” that they entered into an agreement by the terms of which they were each to pay $2.00 per week, and that drawings were to be had every Mon*215day, at which drawings one of the members was to receive a lot. It further appears that the plaintiff and his assignors became members of said club and participated in the meetings and the drawings, and that the plaintiff repeatedly acted as one of the…

2Cases cited3 opinions

  1. Nellis v. ClarkNew York Supreme Court · 1838
  2. Solinger v. . EarleNew York Court of Appeals · 1880
  3. Setter v. AlveySupreme Court of Kansas · 1875

3Cited by19 opinions

  1. Ginsberg v. Centennial Turf ClubSupreme Court of Colorado · 1952
  2. Baker v. CouchSupreme Court of Colorado · 1923
  3. Potter v. SwinehartSupreme Court of Colorado · 1947
  4. Italian-American Bank v. LeporeSupreme Court of Colorado · 1926
  5. Oliver v. WilderColorado Court of Appeals · 1915

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