Bartels v. Arms
Supreme Court of Colorado
Appeal from District Court of Pueblo County. This was an action of replevin, brought by the appellee, John Arms, against Julius L. and Gustav Bartels, the appellants, to recover possession of a quantity of brick claimed and taken by the appellants from the appellee’s possession under a bill of sale from one Giles, to the appellants.' The bill of sale bears date July 14,1873. The brick claimed and taken were not in existence at that date, and their manufacture not begun until…
Read the full summary
Appeal from District Court of Pueblo County. This was an action of replevin, brought by the appellee, John Arms, against Julius L. and Gustav Bartels, the appellants, to recover possession of a quantity of brick claimed and taken by the appellants from the appellee’s possession under a bill of sale from one Giles, to the appellants.' The bill of sale bears date July 14,1873. The brick claimed and taken were not in existence at that date, and their manufacture not begun until the 25th day of July, 1873. The declaration was in the eepit and detinet, and the pleas of non eepit, non detinet,…
1Opinion of the CourtA. W. Stone, J.
On the 26th day of December, 1873, the appellee, as the agent of James R. Waldon, loaned to M. M. Giles $4,038.53, and took his note therefor, payable to Waldon, and a chattel mortgage on a quantity of brick belonging to Giles. Before the maturity of the note, on the 27th day of December, 1873, Giles executed a power of attorney to Arms, the appellee, authorizing him to take possession of, and sell the same brick mentioned in the chattel mortgage, and receive the money therefor.
On the 30th day of December, 1873, Giles put Arms in possession of the brick, being the same brick mentioned in the…
2Cases cited2 opinions
- Van Baalen v. DeanMichigan Supreme Court · 1873
- Bass v. PierceNew York Supreme Court · 1853
3Cited by2 opinions
- Jensen v. Eagle Ore Co.Supreme Court of Colorado · 1910
- Messenger v. NorthcuttSupreme Court of Colorado · 1899