Hamill v. First Nat. Bank of Las Vegas
Supreme Court of Colorado
Appeal from County Court of Arapahoe County. This action was brought by appellee, as assignee and owner of a certain promissory note executed by appellant in favor of Huntington & Co., bankers, for $1,000, with interest at the rate of one and one-half per cent, per month until paid, payable “on demand, after date.”
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Appeal from County Court of Arapahoe County. This action was brought by appellee, as assignee and owner of a certain promissory note executed by appellant in favor of Huntington & Co., bankers, for $1,000, with interest at the rate of one and one-half per cent, per month until paid, payable “on demand, after date.” One division of the answer averred, among other things, that Huntington & Co., at the time said note was executed, occupied for its banking purposes a building belonging to appellant, though the lease to the premises was in the name of Joshua S. Reynolds, a member of the firm; that…
1Opinion of the CourtChief Justice Helm
The First National Bank, plaintiff below, was in no better position than its assignor, Huntington & Co., so far as defenses to the note were concerned; for if we assume that the note was transferred before maturity,— a proposition earnestly controverted by counsel for appellant,— yet the assignment was mei’ely “nominal,” “ without consideration,” and for the “purpose of avoiding the crediting of said rental against the note.” No authorities need be cited to show that one asserting ownership under such circumstances is not entitled to the immunity of bona fide assignees who take commercial *3pape…
2Cases cited3 opinions
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
- Eaves v. HendersonNew York Supreme Court · 1837
- Pecker v. SawyerSupreme Court of Vermont · 1852