Campbell v. First National Bank
Supreme Court of Colorado
Appeal from the Court of Appeals. On the 3d day of September, 1886, the First National Bank of Denver brought its suit against Albert L. Johnson upon the latter’s promissory note to the former in the sum of over nine thousand dollars, and in aid thereof sued out a writ of attachment, which, upon the 4th day of the same month, was levied upon an undivided one fourth interest in the Sierra Nevada lode, standing at the time on the records of Lake county in the name of said…
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Appeal from the Court of Appeals. On the 3d day of September, 1886, the First National Bank of Denver brought its suit against Albert L. Johnson upon the latter’s promissory note to the former in the sum of over nine thousand dollars, and in aid thereof sued out a writ of attachment, which, upon the 4th day of the same month, was levied upon an undivided one fourth interest in the Sierra Nevada lode, standing at the time on the records of Lake county in the name of said Johnson. Thereafter, in this action, William L. Campbell filed his petition of .intervention, claiming the attached property…
1Opinion of the CourtJustice Campbell
At the threshold of this case, we aie confronted with spe*180cific findings of fact made by the trial court, which were virtually set aside and held for naught by the court of appeals when this case was decided by it. The learned judge who wrote the vigorous opinion has stated the reasons for his conclusion in forcible and perspicuous language. The case is reported in the 2 Colorado Court of Appeals, 271.
As we read the decision, the intervenor’s case was held bad in all its phases, first, because there was no proof of an agreement between intervenor and Albert Johnson, creating an express trust;…
2Cases cited6 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Knox v. McFarranSupreme Court of Colorado · 1879
- Warren v. AdamsSupreme Court of Colorado · 1894
- McMurtrie v. RiddellSupreme Court of Colorado · 1886
- McFarran v. KnoxSupreme Court of Colorado · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Bank of Morton v. AdamsSupreme Court of Minnesota · 1919
- Perkins v. AdamsColorado Court of Appeals · 1901
- Western Chemical Manufacturing Co. v. McCaffreySupreme Court of Colorado · 1910
- Fleming v. McFersonSupreme Court of Colorado · 1933
- Wahrenberger v. WaidColorado Court of Appeals · 1896
6 more not listed; retrieve them via the Exa API.