Green v. Morrison

• Decision Date: 01 April 1879
• Citation: 5 Colo. 18
• Parties: GREEN ET AL. v. MORRISON.
• Court: Colorado Supreme Court

5 Colo. 18

GREEN ET AL. v. MORRISON.

Supreme Court of Colorado

April, 1879

Appeal from District Court of San Juan County.

The case is stated in the opinion.

Messrs HUDSON & SLAYMAKER, and Mr. C. S. THOMAS, for appellants.

Messrs WILSON, GERRY & TAYLOR, and Mr. JAS. A. LOWRIE, for appellee.

ELBERT J.

The complaint alleges that on or about September 17th, 1877 defendants executed their promissory note of that date for $439.45, with interest from date at the rate of two per cent. per month until paid, payable on or before October 10th, to the plaintiff or order; that defendants never paid said sum of money or any part thereof either when the same became due, or at any time since then, and plaintiff prays judgment for $439.45, with interest at two per cent. per month from September 17th, 1877, and for costs of suit.

The defendants interpose the following answer:

'I. The defendants admit that on the day named in said complaint the defendants executed and delivered to the plaintiff the note described in the complaint, and that the same is now due and unpaid.

'II. And for a further defense and for a set-off against the plaintiff, defendants allege: first, that on July 13th, 1877 one Alfred Moison executed and delivered his promissory note to the defendants in their firm name of Geo. Greene & Co., and thereby for value received promised to pay to the defendants, as such partners, in sixty days after said July 13, 1877, the sum of $1,100, together with interest on said sum from said date until the same was paid, at the rate of two per cent. per month. Second, that on the said date, to secure the payment of said sum and said note, said Moison executed and delivered to one N.E. Slaymaker, for the use and benefit of the defendants, a trust deed upon certain premises situate in the town of Silverton, San Juan county, State of Colorado, then owned by said Moison, viz.: lot No. 17, in block No. 11, in said town. Third, that on July 14, 1877, the plaintiff agreed by and with said Moison, to purchase from him the said premises at the agreed price of $1,600, and thereupon said Moison at the request of the plaintiff conveyed the said premises to him, and one Emile Charest, and thereupon the plaintiff in consideration of said conveyance, agreed by and with said Moison, and then promised to pay to him the sum of $500 in cash, and to assume and pay to the defendants the amount due from said Moison to def...