United Cigar Stores Co. of America v. People

• Decision Date: 06 July 1920
• Docket Number: 9681.
• Citation: 190 P. 1117,68 Colo. 546
• Parties: UNITED CIGAR STORES CO. OF AMERICA v. PEOPLE.
• Court: Colorado Supreme Court

190 P. 1117

68 Colo. 546

UNITED CIGAR STORES CO. OF AMERICA v. PEOPLE.

No. 9681.

Supreme Court of Colorado, En Banc.

July 6, 1920

Error to District Court, City and County of Denver; Francis E. Bouck, Judge.

Proceeding by the People of the State of Colorado against the United Cigar Stores Company of America. Judgment against defendant, and it brings error.

Reversed and remanded, with directions to dismiss the complaint.

O'Donnell & Graham, of Denver (George W. Musser, of Denver, of counsel), for plaintiff in error.

Victor E. Keyes, Atty. Gen., and Forrest C. Northcutt, Asst. Atty. Gen., for the People.

PER CURIAM.

This case is one involving the same matter determined in Denver v. Frueauff, 39 Colo. 20, 88 P. 389, 7 L.R.A. (N. S.) 1131, 12 Ann.Cas. 521, and Denver v. United Cigar Stores Co., announced May 3, 1920, and reported in 189 P. 848, as to the validity of so-called trading stamps. These two decisions are controlling on this application for supersedeas, and are decisive of the merits of the case. The judgment is reversed, and the cause remanded to the trial court, with directions to dismiss the complaint. Judgment reversed, and cause remanded, with directions.