Morgan v. King
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This action was commenced May 7, 1896, by appellee, as plaintiff in the court below, on behalf of himself and other stockholders of the State National Bank against appellants, as defendants, except Morgan, administrator, who has been substituted for the original defendant, Samuel B. Morgan, .deceased, to set aside a sale by the defendant bank to the defendants McNeil, Toll, Morgan and Edward L. Raymond, of stock of the…
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Appeal from the District Court of Arapahoe County. This action was commenced May 7, 1896, by appellee, as plaintiff in the court below, on behalf of himself and other stockholders of the State National Bank against appellants, as defendants, except Morgan, administrator, who has been substituted for the original defendant, Samuel B. Morgan, .deceased, to set aside a sale by the defendant bank to the defendants McNeil, Toll, Morgan and Edward L. Raymond, of stock of the defendant mining company, and for an accounting of the money received by these defendants on account of such stock. These…
1Opinion of the CourtJustice Gabbert
1. In considering the demurrer to the complaint, we shall determine its sufficiency only in the particulars argued by counsel for the defendants. The first of these relates to the question of laches. The sale of the stock took place about December 11, 1891. This action was commenced May 7, 1896. Plaintiff avers he had no knowledge regarding this sale, or of the frauds charged until within a few months prior to the time he. brought this suit. It appears, therefore, to have been brought within the statutory period for relief upon the ground of fraud, under section 2911, Mills’ Ann. Stats.,…
2Cases cited28 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Michoud v. GirodSupreme Court of the United States · 1846
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Townsend v. VanderwerkerSupreme Court of the United States · 1895
- Williams v. McMillanOhio Supreme Court · 1849
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3Cited by40 opinions
- Munson v. MarksSupreme Court of Colorado · 1912
- SEC. Nat. Bank v. Peters, Writer & ChristensenColorado Court of Appeals · 1977
- Helm v. BrewsterSupreme Court of Colorado · 1908
- Coombs v. BarkerMontana Supreme Court · 1905
- Fishel v. GoddardSupreme Court of Colorado · 1902
35 more not listed; retrieve them via the Exa API.