Fairbanks, Morse & Co. v. Macleod
Colorado Court of Appeals
Error to the District Court of Arapahoe County. A writ of error was sued out by Fairbanks, Morse & Co. to reverse a judgment of nonsuit entered against them in an action which they brought against Macleod and four other persons as directors of The Cripple Creek Gold Extraction and Power Company to recover a claim which that company owed the concern for goods sold and delivered between the 1st of November, 1892, and the 1st of March, 1893. The only thing which need be stated…
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Error to the District Court of Arapahoe County. A writ of error was sued out by Fairbanks, Morse & Co. to reverse a judgment of nonsuit entered against them in an action which they brought against Macleod and four other persons as directors of The Cripple Creek Gold Extraction and Power Company to recover a claim which that company owed the concern for goods sold and delivered between the 1st of November, 1892, and the 1st of March, 1893. The only thing which need be stated with respect to the sale is that it included sundry and divers hardware supplies and machinery amounting in value to…
1Opinion of the CourtBissell, J.
The preceding statement discloses the only legal propositions presented by the record. Tested by demurrer, the complaint was insufficient. Anfenger et al. v. Anzeiger Pub. Co., 9 Colo. 377; Wethey v. Kemper, 43 Pac. Rep. 716.
Had the defendant stood by his demurrer, no judgment could have been entered for the plaintiff on the complaint *193and proof. Those eases clearly decide it to be necessary to aver the county in which the corporation does business where directors are sought to be charged because of a failure to file the statutory statement. General Statutes 1883, secs. 248 and 252.
Clearly,…
2Cases cited6 opinions
- Perot v. CooperSupreme Court of Colorado · 1891
- Kindel v. Beck & Pauli Lithographing Co.Supreme Court of Colorado · 1893
- Schoolfield v. BruntonSupreme Court of Colorado · 1894
- Wethey v. KemperMontana Supreme Court · 1896
- Cunningham v. BostwickColorado Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tucker v. TuckerColorado Court of Appeals · 1912
- Silver Mountain Mine Co. v. AndersonSupreme Court of Colorado · 1911
- McBride v. NobleSupreme Court of Colorado · 1907
- Bayers v. W.O.W., Inc.Supreme Court of Colorado · 1963
- Bayers v. W.O.W., Inc.Supreme Court of Colorado · 1963
1 more not listed; retrieve them via the Exa API.