Legal Opinion

Duggan v. Colorado Mortgage & Investment Co.

Supreme Court of Colorado

Decided December 15, 1887PublishedCited by 12 opinions

Error to Superior Court of Denver. On the 2d day of October, 1882, the defendant in error, a corporation, was the owner of the chattels here in controversy, consisting of printing-presses, engines, type, machinery and printing supplies.

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Error to Superior Court of Denver. On the 2d day of October, 1882, the defendant in error, a corporation, was the owner of the chattels here in controversy, consisting of printing-presses, engines, type, machinery and printing supplies. Upon that day it sold and delivered the same to the World Printing and Publishing Company for the price of $l,8é0, and at the same time received from said company therefor $léO, and seventeen notes for $100 each, and a chattel mortgage of the said chattels as security for the payment of said notes. The notes and the chattel mortgage were executed under the…

1Per curiam

A corporation de facto presupposes a charter, or a law authorizing the creation of such a corporation, that there has been an attempt in good faith to comply with its provisions, and that there has been, user or the exercise of corporate powers under it. Against such a corporation, as a general rule, a collateral attack by third persons will not avail. The reason is that if rights and franchises have been usurped they are the rights and franchises of a sovereign, and he alone can interpose. Until such interposition the public may treat those possessing and exercising corporate powers under…

2Cases cited4 opinions

  1. Hudson v. Green Hill Seminary Corp.Illinois Supreme Court · 1885
  2. Tarbell v. PageIllinois Supreme Court · 1860
  3. Stout v. ZulickSupreme Court of New Jersey · 1886
  4. Searsburgh Turnpike Co. v. CutlerSupreme Court of Vermont · 1834

3Cited by12 opinions

  1. Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
  2. Triplex Shoe Co. v. Rice & Hutchins, Inc.Supreme Court of Delaware · 1930
  3. Jones v. Aspen Hardware Co.Supreme Court of Colorado · 1895
  4. First National Bank v. RockefellerSupreme Court of Missouri · 1906
  5. Bonfils v. HayesSupreme Court of Colorado · 1921

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