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Reports of the Decisions of the Court of Appeals of the State of Colorado (Volume 1)

Reports of the Decisions of the Court of Appeals of the State of Colorado (Volume 1)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1892 Excerpt: ... Ira W. Pendleton, Appellant, V. Jacob H. Smissaert, Appellee. Unavailarle Defense To Promibsory Note.--A defense to an action on a promissory note, that it was given without consideration, and for losses sustained by the maker in a gambling-room or bucketshop in betting upon the future price of wheat in the Chicago market, is not sustained where the evidence on the trial shows that the plaintiff was an assignee for value, --that he purchased the note before maturity and without knowledge of any defenses thereto, and the maker testified in his own behalf that it was executed without consideration, as accommodation paper to the proprietors of the gambling shop to save their credit with the banks, and with permission to exhibit it, but on their promise not to use it in any other manner. Liarility Of Maker Of Accommodation Paper.--When an individual executes and delivers his promissory note as accommodation paper, and thus permits it to pass out of his hands into the commercial world, he thereby becomes liable for its payment, and it is no defense, as against a bona fide holder, that the party for whose benefit it was given promised not to use or transfer it. Appeal from District Court of Arapahoe County. Mr. A. W. Hille and Mr. I. R. Howze, for appellant. Messrs. Doud & Fowler, for appellee. Richmond, P. J. This was an action to recover overdue interest on a promissory note. By the complaint it is alleged that on the 28th day of October, A. d. 1886, at Denver, Colorado, the defendant, Ira W. Pendleton, made his promissory note in writing on that date, and thereby promised to pay to the order of one George M. Cheney five thousand dollars on or before five years after date, with interest at six per cent per annum. The note is set out in the complaint and is in wo..


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Product Details
  • ISBN-13: 9781150283703
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 220
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 115028370X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 399 gr


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