Colorado Reports Volume 30

Colorado Reports Volume 30

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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. 1903 edition. Excerpt: ...finding on this issue; but even if it were, the finding was made. The court merely refers to "the consensus of authorities" as supporting its finding, from the testimony, that the plaintiff was guilty of contributory negligence. Other objections are urged which, however, are of no moment, in view of the fact that the judgment of the county court must be affirmed for the reasons Appellate P'ractice---lnstructions--Taking Question from Jury Harmless Error. In an action upon notes and accounts for money loaned where defendant answered by a counter-claim in which he set out certain alleged unjust charges for oflice rent, livery and express, and it appears that plaintiff and not defendant paid the alleged wrongful charges, and the theory upon which defendant claimed an offset for said charges was that his dividends from a mine were thereby reduced, and it further appeared that defendant would not have been entitled to any dividend even if these alleged wrongful charges had not been made, an instruction which took from the jury the consideration of said offset was not prejudicial error. Appeal from the District Court of Arapahoe County. Messrs. THOMAS BRYANT AND LEE, for appellant. Mr. C. J. HUGHES, J r., for appellee. Mr. J UsTICE STEELE delivered the opinion of the court. Suit was brought by W. H. Yankee, the plaintifl' (appellee here), upon certain promissory notes set out in the complaint and upon an account for moneys loaned. The defendant answered and filed a counter-claim and cross-complaint. The trial resulted in a verdict for the plaintiff in the sum of $2,856.62, and judgment was entered against the defendant for the amount of the verdict. From the judgment the defendant has appealed to this court. more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 123684730X
  • 9781236847300