Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 15

Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...suit in the superior court, and which suit was at that time pending and undetermined. It is also alleged in the pleading that the plaintifl"'s in error agreed to pay her for said claim " a. sum equal to the amount of the claim as soon as the sum of $30,000 should be realized by them out of certain property which had been attached and levied upon in other suits as the property of A. Jacobs & Co." It is further alleged that the plaintiffs in error had realized more than the sum of $30,000 from the sale of the property so attached, and that therefore the claim of the defendant in error, by the terms of her agreement as aforesaid with plaintiff in error, had become due. In the answer the following, among other defenses, are set up: (1) The making of the contract set out in the complaint is denied. (2) It is alleged that the defendant in error, by her certain writing under seal, for value therein confessed and acknowledged to have been received, did sell and assign to plaintiffs in error all her right, title and interest in her claim against A. Jacobs & Co., and the judgment to be obtained thereon, setting out a copy of the assignment, and that this was the same sale referred to in the amended complaint. A replication was filed to this second defense, in which it is admitted that the assignment of the claim against A. Jacobs & Co. was in writing as therein alleged, and that this is the sale, transfer and assignment mentioned in the complaint. But in this pleading defendant in error denied that she had received the value as acknowledged in said instrument of writing, or that she received any considera tion whatever for said assignment; and she also denies that she was to receive no other or difierent more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236919734
  • 9781236919731