James v. McPhee
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Judgment in the court below for the plaintiff on the pleadings. Appeal to the supreme court. “complaint.
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Appeal from District Court of Arapahoe County. Judgment in the court below for the plaintiff on the pleadings. Appeal to the supreme court. “complaint. “And now comes the above-named plaintiff, and by leave of court, by his amended complaint, states the following facts constituting his cause of action against said defendant: That heretofore, to, wit, on the 25th day of September, 1880, the said E. P. McDonald did assign all his property, both real and personal, for the benefit of all his creditors, to. said plaintiff, and that, on or about the 17th day of April, 1881, and prior to the…
1Opinion of the CourtElbert, J.
The court below rendered judgment for the plaintiff upon the pleadings. Was this error? is the only question presented. The answer set up four defenses, which we will consider in their order.
1. In answer to the allegation of the complaint that on the 23d of September, 1880, R. P. McDonald did assign all his property, both real and personal, for the benefit of his creditors, to the plaintiff, the defendant alleges that he “has not and cannot obtain sufficient information upon which to base a belief as to whether, at the time mentioned, or at any other time, one R. P. McDonald assigned all his…
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