McKay v. Belknap Savings Bank
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County, The appellee duly presented to the county court of Arapahoe county, for allowance against the estate of J. W. T. McKay, deceased, the following note : “Know all men by these presents that I, Joseph W. T. McKay, of the county of Arapahoe and. state of Colorado, for value received, promise to pay to Crippen, Lawrence & Co. or order, five years from date hereof with privilege of payment in full at expiration of three years from…
Read the full summary
Appeal from the District Court of Arapahoe County, The appellee duly presented to the county court of Arapahoe county, for allowance against the estate of J. W. T. McKay, deceased, the following note : “Know all men by these presents that I, Joseph W. T. McKay, of the county of Arapahoe and. state of Colorado, for value received, promise to pay to Crippen, Lawrence & Co. or order, five years from date hereof with privilege of payment in full at expiration of three years from date hereof at their office in the city of Concord, in the state of New Hampshire, the principal sum of seven thousand…
1Opinion of the CourtJustice Goddard
The assignments of error present, and counsel for appellant discuss, but two propositions: First, that the court erred in admitting the note in evidence without sufficient proof of its execution; second, that it erred in allowing interest upon the note at the rate of twelve per cent per annum from date, as therein stipulated.
In support of the first proposition it is contended by counsel for appellant that sec. 3612, Gen. Stat. (sec. 4787 Mills’ Ann. Stats.), which provides the manner of exhibiting claiips against an estate in the county court, and which, inter alia, provides that “ formal…
2Cases cited5 opinions
- Finger v. McCaugheyCalifornia Supreme Court · 1896
- Hackenberry v. ShawIndiana Supreme Court · 1858
- Rogers v. SampleMississippi Supreme Court · 1857
- Reeves v. StippIllinois Supreme Court · 1878
- Walter v. Trustees of Schools for TownIllinois Supreme Court · 1850
3Cited by13 opinions
- In Re HollstromUnited States Bankruptcy Court, D. Colorado · 1991
- Dikeou v. DikeouSupreme Court of Colorado · 1996
- Baxter T. BeckwithColorado Court of Appeals · 1913
- National Life Ins. Co. v. HaleSupreme Court of Oklahoma · 1916
- In Re Wood Family Interests, Ltd.United States Bankruptcy Court, D. Colorado · 1989
8 more not listed; retrieve them via the Exa API.