Burchinell v. Koon

• Decision Date: 18 April 1898
• Citation: 25 Colo. 59,52 P. 1100
• Parties: BURCHINELL v. KOON.
• Court: Colorado Supreme Court

52 P. 1100

25 Colo. 59

BURCHINELL v. KOON.

Supreme Court of Colorado

April 18, 1898

Appeal from court of appeals.

Action by Charlotte E. Koon against William K. Burchinell as sheriff. From a decision of the court of appeals (46 P. 932) affirming a judgment for plaintiff, defendant appeals. Affirmed.

T. J O'Donnell, W. S. Decker, Milton Smith, and Rogers Cuthbert & Ellis, for appellant.

R. D. Thompson, for appellee.

PER CURIAM.

This case is brought here on appeal from a judgment of the court of appeals affirming a judgment of the district court of Arapahoe county. Opinion reported in 8 Colo.App. 463, 46 P 932. The facts are there concisely stated as follows 'For some years prior to 1891, A. B. and F. W. Jefferay did business as a firm both in Kansas and in Colorado. While in Kansas their business was of a banking character, but in Colorado, to which they removed prior to 1891, they were carrying on business as merchants and dealers in furnishing goods. This firm first started in that line in Pueblo, where in November, 1891, one of the brothers, A. B., died. F. W continued the business as before, and under the same general firm designation, and removed to Denver in the summer of 1893. The original loan, which was made by Mrs. Koon, the sister of the members of the firm, amounted to $1,800. Later and in July, 1893, about the time of the panic, she loaned the survivor the further sum of $600. The two loans, with the accumulated interest, amounted, on the 31st day of July, 1893, to $2,575, for which sum F. W. Jefferay, as surviving partner of the firm, gave a note, promising to pay that sum to Mrs. Koon on demand, with interest at the rate named. To secure the payment of this note, F. W. executed a chattel mortgage on the stock and delivered it to his sister. Mrs. Koon thereupon took possession of the stock, and proceeded to close it out through her agents. It was seized by the appellant, Burchinell, as sheriff, under divers writs of attachment issued in favor of various creditors of the firm. The sheriff took the goods out of the mortgagee's possession, removed them for sale, and applied the proceeds to the satisfaction of the attaching creditor's claims. Mrs. Koon then brought suit for the conversion, alleging the value and praying judgment. The sheriff took issue on the complaint; set up the indebtedness to the attaching creditors, the issuance and levy of the writs, the subsequent...