Legal Opinion

Zang v. Adams

Supreme Court of Colorado

Decided January 15, 1897PublishedCited by 23 opinions

Appeal from the District Court of Arapahoe County. The action was by Adams, as receiver of the Commercial National Bank, upon a nonnegotiable promissory note for thirty-five hundred dollars, executed by the appellant Adolph J. Zang to the South Galveston Land Company, and by it transferred to the South Galveston Investment Company, and by the latter company transferred to the bank.

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Appeal from the District Court of Arapahoe County. The action was by Adams, as receiver of the Commercial National Bank, upon a nonnegotiable promissory note for thirty-five hundred dollars, executed by the appellant Adolph J. Zang to the South Galveston Land Company, and by it transferred to the South Galveston Investment Company, and by the latter company transferred to the bank. The execution of the note was admitted, and the defense was that it was given in part payment of a subscription for two hundred shares of the capital stock of said Land Company, which subscription was induced by…

1Opinion of the CourtJustice Campbell

In view of an admission by the plaintiff as to notice of the alleged infirmity of the note, this controversy is to be treated as though it were one between the payee and maker. Upon' the evidence,- in so far as it pertains to the material questions,' there is no controversy. The only difficulty arises in the application of the law to the admitted facts.

The Land Company was organized for the sole purpose of acquiring title to, and improving and selling, a tract of land known as South Galveston, on Galveston Island, in the state of Texas. This land was all that the company owned, and…

2Cases cited3 opinions

  1. The Distilled SpiritsSupreme Court of the United States · 1871
  2. Virginia Land Co. v. HauptSupreme Court of Virginia · 1894
  3. Savage v. BartlettCourt of Appeals of Maryland · 1894

3Cited by23 opinions

  1. Davis v. BurnsCourt of Appeals of Texas · 1914
  2. Clark v. GiacominiSupreme Court of Colorado · 1929
  3. Cole v. SmithSupreme Court of Colorado · 1899
  4. Holmes v. RiversSupreme Court of Iowa · 1910
  5. Altergott v. YeagerColorado Court of Appeals · 1975

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