Travelers' Ins. Co. v. City of Denver
Supreme Court of Colorado
Error to Superior Court of Denver. This action was brought by the plaintiff, the Travelers’ Insurance Company, against the defendant, the city of Denver, to recover the sum of $25,497.80, and interest, alleged to be due it upon certain city warrants, which warrants were set out in the complaint, and constituted ten separate causes of action, the averments in each cause of action being the same, except as to the date and amount of the warrant therein set out, and the date of…
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Error to Superior Court of Denver. This action was brought by the plaintiff, the Travelers’ Insurance Company, against the defendant, the city of Denver, to recover the sum of $25,497.80, and interest, alleged to be due it upon certain city warrants, which warrants were set out in the complaint, and constituted ten separate causes of action, the averments in each cause of action being the same, except as to the date and amount of the warrant therein set out, and the date of the presentment thereof indorsed thereon. The first cause of action is set out as follows: “ That the plaintiff is a…
1Opinion of the Court
Rising, C.
Counsel for defendant in error, in their argument, urge three grounds in support of the ruling of the court below: (1) That the complaint contains no allegations showing any consideration for the warrants sued on; (2) that there is no allegation in the complaint showing that there ever was or is any money in the treasury of defendant to the credit of the fund on which the warrants are drawn, sufficient to pay the same, or either of them; (3) that an action against defendant, on such city warrants, cannot be maintained; that plaintiff’s remedy is by mandamus against the city…
Also in this document: Per curiam.
2Cases cited10 opinions
- People ex rel. Seeley v. HallSupreme Court of Colorado · 1885
- Stewart v. SmithIllinois Supreme Court · 1862
- Archer v. ClaflinIllinois Supreme Court · 1863
- Campbell v. Polk CountySupreme Court of Missouri · 1872
- Garvin v. WiswellIllinois Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Seymour v. City of EllensburgWashington Supreme Court · 1914
- Barber v. RitterColorado Court of Appeals · 2007
- First National Bank of Northampton v. ArthurColorado Court of Appeals · 1897
- Barber v. RitterColorado Court of Appeals · 2007
- First National Bank of Northampton v. ArthurColorado Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.