Legal Opinion

Rocky Mountain Nat. Bank v. McCaskill

Supreme Court of Colorado

Decided April 15, 1891PublishedCited by 11 opinions

Appeal from District Cou/rt of Arapahoe County. This was a suit in equity, brought by appellees against appellants, to set aside, declare void and cancel two promissory notes and a trust-deed upon certain lands in the state of Kansas, executed by appellees to secure the payment of the notes. For many years prior to the summer of 1885 one "William M. Boworth was a merchant doing an extensive business in Central City in this state.

Read the full summary

Appeal from District Cou/rt of Arapahoe County. This was a suit in equity, brought by appellees against appellants, to set aside, declare void and cancel two promissory notes and a trust-deed upon certain lands in the state of Kansas, executed by appellees to secure the payment of the notes. For many years prior to the summer of 1885 one "William M. Boworth was a merchant doing an extensive business in Central City in this state. About the year 1870, Boworth and appellee John McOaskill formed a partnership for the purpose of breeding, raising and dealing in cattle. By the terms of the…

1Opinion of the Court

Reed, O.

The established practice of this court precludes the review of questions determined in the lower court, un*413less exceptions were saved to the judgment, and error duly assigned. The only question submitted by the ■ single assignment in this case for the determination of the court is the one of the validity of the notes as partnership paper at the time of their execution and delivery. The dissolution of the partnership before the making of the notes seems to have been unquestioned. Whether the officers of either bank knew of the dissolution of the partnership is left in doubt. It is not…

Also in this document: Per curiam.

2Cases cited2 opinions

  1. City Bank of Brooklyn v. . McChesneyNew York Court of Appeals · 1859
  2. Lovejoy v. SpaffordSupreme Court of the United States · 1876

3Cited by11 opinions

  1. Burnell v. WachtelColorado Court of Appeals · 1894
  2. Jerome v. BohmSupreme Court of Colorado · 1895
  3. Rudolph v. SmithColorado Court of Appeals · 1903
  4. Fisher v. Colorado Central Power Co.Supreme Court of Colorado · 1934
  5. Persse v. GaffneyColorado Court of Appeals · 1895

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API