Riethmann v. Godsman
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This was an action brought by P. B. Godsman, as plaintiff, against the defendants Biethmann & Co. and W. K. Burchinell for damages alleged to have been sustained by him on account of the wrongful taking and conversion by the defendants of his stock of drugs and druggists’ merchandise. There are two defenses in the answer,—one, a general denial, the other, an admission of the taking and a justification.
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Appeal from the District Court of Arapahoe County. This was an action brought by P. B. Godsman, as plaintiff, against the defendants Biethmann & Co. and W. K. Burchinell for damages alleged to have been sustained by him on account of the wrongful taking and conversion by the defendants of his stock of drugs and druggists’ merchandise. There are two defenses in the answer,—one, a general denial, the other, an admission of the taking and a justification. The justification is that the property in question never belonged to the plaintiff, but that it was the property of. one J. J. Dunnagan, and,…
1Opinion of the CourtJustice Campbell
Of the numerous errors assigned, only such as are argued •in the briefs are considered.
1. At the trial the plaintiff testified that when the deputy sheriff, accompanied by one of the members of the firm of Riethmann & Co., came into his store to levy the writ of attachment, he informed them orally that the goods were his own, protested against their seizure, and, when taken by the officer, demanded their return. Immediately thereafter, and in connection therewith, he served upon the officer and the defendants Riethmann & Co. a written protest to the same effect. A copy of this writing was…
2Cases cited9 opinions
- Stearns v. . GageNew York Court of Appeals · 1879
- Dyett v. . HymanNew York Court of Appeals · 1891
- Kyle v. WardSupreme Court of Alabama · 1886
- Grimes v. HillSupreme Court of Colorado · 1890
- Seeleman v. HoaglandSupreme Court of Colorado · 1893
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3Cited by13 opinions
- Helm v. BrewsterSupreme Court of Colorado · 1908
- Frick-Reid Supply Co. v. HunterSupreme Court of Oklahoma · 1915
- McIntosh v. KnoxNevada Supreme Court · 1917
- Grimes v. GreenblattSupreme Court of Colorado · 1910
- Tibbetts v. TerrillSupreme Court of Colorado · 1908
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