Widner v. Walsh
Supreme Court of Colorado
Error to Probate Court of Boulder County. This was an action commenced before a justice of the peace by Walsh, the defendant in error, against Widner, the plaintiff in error, upon two due bills payable in property. Judgment having been rendered against Widner, he appealed to the probate court, when a trial was had before a jury. A verdict was rendered in favor of Walsh, upon which judgment was entered for $150.99 damages and $413.40 costs.
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Error to Probate Court of Boulder County. This was an action commenced before a justice of the peace by Walsh, the defendant in error, against Widner, the plaintiff in error, upon two due bills payable in property. Judgment having been rendered against Widner, he appealed to the probate court, when a trial was had before a jury. A verdict was rendered in favor of Walsh, upon which judgment was entered for $150.99 damages and $413.40 costs. To reverse this judgment Widner prosecutes this writ of error.
1Opinion of the CourtElbert, J.
This was an action brought by Walsh against Widner on two due bills payable in property as follows :
*549“Bouldeb, August 31st, 1874.
Due E. M. Walsli fourteen thousand brick at my kiln north of Boulder. Amos Widheb.”
The other due bill differed from the preceding only in that it was ‘ ‘ due thirty days after date.”
Upon the first mentioned due bill demand was necessary to entitle the plaintiff to recover. Lobdell v. Hopkins, 5 Cow. 516; Vance v. Bloomer, 20 Wend. 196; Stewart v. Smith, 28 Ill. 397; Bilderbunk v. Burlingame, 27 id. 397.
Upon the second, time of payment and place of delivery being both…
2Cases cited7 opinions
- Gould v. Banks & GouldNew York Supreme Court · 1832
- Stewart v. SmithIllinois Supreme Court · 1862
- Buck v. . BurkNew York Court of Appeals · 1858
- Lobdell v. HopkinsNew York Supreme Court · 1826
- Vance v. BloomerNew York Supreme Court · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cordova Coal Co. v. LongSupreme Court of Alabama · 1890
- Miller v. SlaghtColorado Court of Appeals · 1898
- Miller v. SlaghtColorado Court of Appeals · 1898