Good v. Martin
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. This is tbe third appeal in this canse, the first and second being reported in 1 Colorado, 165 and 406. Appellant was charged in the declaration with William 1ST. Shepherd and Parker B. Cheney, as maker of a promissory note. In the last count it was alleged that Cheney and Shepherd made the note and that it was indorsed by appellant before it was delivered to the payee. The cause was tried upon the general issue.
Read the full summary
Appeal from District Court, Arapahoe County. This is tbe third appeal in this canse, the first and second being reported in 1 Colorado, 165 and 406. Appellant was charged in the declaration with William 1ST. Shepherd and Parker B. Cheney, as maker of a promissory note. In the last count it was alleged that Cheney and Shepherd made the note and that it was indorsed by appellant before it was delivered to the payee. The cause was tried upon the general issue. At the trial, plaintiffs gave evidence tending to prove that the note was indorsed by appellant before delivery to Davidson, the payee;…
1Opinion of the CourtHallett, C. J.
On a former appeal, we considered the facts presented in this case with reference to the rule announced in Rey v. Simpson, 22 How. 341, as to the liability of one who becomes a party to negotiable paper by indorsing it in blank, before it had passed from the hands of the maker. 1 Col. 165. It is now urged that we have gone beyond the authority of the principal case, in saying, that, in the absence of evidence to show the intention of the parties, the indorser may be charged upon such an indorsement as a maker of the note jointly with the parties whose names appear upon the face of the…
2Cases cited2 opinions
- Rey v. SimpsonSupreme Court of the United States · 1860
- Bridges v. ArmourSupreme Court of the United States · 1847
3Cited by6 opinions
- Byers v. TritchColorado Court of Appeals · 1898
- Byers v. TritchColorado Court of Appeals · 1898
- Court Valhalla No. 16 Foresters of America v. OlsonColorado Court of Appeals · 1900
- Court Valhalla No. 16 Foresters of America v. OlsonColorado Court of Appeals · 1900
- Kiskadden v. AllenSupreme Court of Colorado · 1884
1 more not listed; retrieve them via the Exa API.