Lynch v. Smyth
Supreme Court of Colorado
Error to the Gourt of Appeals. In 1889 and the early part of 1890, the River and Rail Electric Company was doing business in Colorado Springs. There was a disagreement respecting the management of the corporate affairs of the company, which resulted in a contest between the stockholders, one faction being represented by Clement D. Smyth, the defendant in error in this court, whose business interest in the company was managed by Edward Ferris.
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Error to the Gourt of Appeals. In 1889 and the early part of 1890, the River and Rail Electric Company was doing business in Colorado Springs. There was a disagreement respecting the management of the corporate affairs of the company, which resulted in a contest between the stockholders, one faction being represented by Clement D. Smyth, the defendant in error in this court, whose business interest in the company was managed by Edward Ferris. It was apparently arranged by the faction represented by Smyth, that an application for the appointment of a receiver should be made, and in…
1Opinion of the CourtJustice Gabbert
Before the court of appeals it was contended by counsel for Smyth, that he was not liable upon the bond, first, because no advantage resulted to, or consideration was received by, him for the execution of the bond, or its subsequent ratification on his part; second, no disadvantage resulted to, or damage was suffered by Lynch by the failure of Smyth to notify him that Ferris had no authority to execute the bond as his agent; third, the bond being sealed, and an instrument required to be in writing, there could be no binding ratification except by one in writing, or under seal; fourth, that…
2Cases cited6 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1873
- Higgins v. ArmstrongSupreme Court of Colorado · 1885
- Drakely v. GreggSupreme Court of the United States · 1869
- Hoosac Mining & Milling Co. v. DonatSupreme Court of Colorado · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Alexander v. Phillips Petroleum Co.Court of Appeals for the Tenth Circuit · 1942
- Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
- Bell-Wayland Co. v. Bank of SugdenSupreme Court of Oklahoma · 1923
- Montrose Land & Investment Co. v. Greeley National BankSupreme Court of Colorado · 1925
- Myers v. CookWest Virginia Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.