Sanders v. Page
Sanders v. Page
Opinion of the Court
The defendants in error, John O. and Charles P. Page, as partners, brought suit by attachment against the Hand Hoister Manufacturing & Mining Company, a corporation, in which suit the Colorado Iron Works was summoned as garnishee. The garnishee answered, admitting an indebtedness to the defendant of $120. Y2. Thereupon the plaintiff in error, Sanders, appeared and filed a petition, duly verified, claiming that this sum of $120.12 so attached was due to him from the Colorado Iron Works, and not to 'the Hand Hoister Manufacturing & Mining Company. Issue was joined upon this claim and tried by the court without á jury, resulting in a judgment adverse to Sanders. We are asked to review the finding of the court upon the evidence, and to reverse the judgment.
The evidence introduced in support of the issue joined upon such claim shows that the Hand Hoister Manufacturing & Mining Company had contracted with the Colorado Iron Works for certain castings to be made by the latter company; that this latter company shortly after-wards requested that some money should be advanced upon such contract in the way of payment; that the former company had no ready money at the time, and that Sanders, who was its president, advanced $500 for it by giving his promissory note, upon which the cash was obtained at a bank by the latter company, and the amount so obtained ($500) was credited by it to the Hand Hoister
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St allcup and Bising, CO., concur.
Por the reasons assigned in the foregoing opinion the judgment of the court below is affirmed.
Affirmed.
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