Legal Opinion

Marsh v. Cramer

Supreme Court of Colorado

Decided April 15, 1891PublishedCited by 17 opinions

Error to Superior Court of Derwer. From the record it appears that one Brasher was engaged in business as a liquor merchant in the city of Denver prior to the commencement of this action in the court below, and that certain of his goods were stored with Graham, Weber & Hill, warehouseman. Brasher assigned the warehouse receipts to Marsh, plaintiff in error, to secure certain alleged indebtedness in favor of one Mrs. Howard and one Mrs. Smith, respectively.

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Error to Superior Court of Derwer. From the record it appears that one Brasher was engaged in business as a liquor merchant in the city of Denver prior to the commencement of this action in the court below, and that certain of his goods were stored with Graham, Weber & Hill, warehouseman. Brasher assigned the warehouse receipts to Marsh, plaintiff in error, to secure certain alleged indebtedness in favor of one Mrs. Howard and one Mrs. Smith, respectively. The trustee accepted the security ; and the warehousemen, having notice of the assignment, consented to hold the goods accordingly. While…

1Opinion of the CourtJustice Elliott

In one of the defenses the fraud specially pleaded was to the effect that the assignment was not accompanied by an immediate delivery of the goods and chattels attached, and that said assignment was not followed by an actual and continued change of possession of said goods, but that Brasher continued in control of the goods, making sales of the same, etc. This defense was traversed by the replication.

On the trial it was shown by the evidence that Brasher had something to do with making certain sales from the goods stored in the warehouse. It thus became a material question for the jury to…

2Cases cited5 opinions

  1. Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
  2. Cook v. MannSupreme Court of Colorado · 1881
  3. Wilcox v. JacksonSupreme Court of Colorado · 1884
  4. Sutton v. DanaSupreme Court of Colorado · 1890
  5. Grimes v. HillSupreme Court of Colorado · 1890

3Cited by17 opinions

  1. McGraw v. KerrColorado Court of Appeals · 1912
  2. Krueger v. ArySupreme Court of Colorado · 2009
  3. Moffatt v. TenneySupreme Court of Colorado · 1892
  4. Denver Tramway Co. v. OwensSupreme Court of Colorado · 1894
  5. Montgomery Ward & Co. v. KernsSupreme Court of Colorado · 1970

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