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HARTY v. HOERNER

No. 22475.

463 P.2d 313 (1969)

Lloyd J. HARTY, Jr., Plaintiff in Error, v. Fred HOERNER, Defendant in Error.

Supreme Court of Colorado, In Department.

December 29, 1969.

Attorney(s) appearing for the Case

Hindry, Erickson & Meyer, Jay L. Gueck, Denver, for plaintiff in error.

Ireland, Stapleton, Pryor & Holmes, Richard J. Spelts, Kenneth L. Starr, Denver, for defendant in error.

HODGES, Justice.

As the plaintiff in the trial court, Lloyd J. Harty, Jr., sought to recover on a promissory note in the amount of $5,000 payable to him and signed by Fred Hoerner, the defendant in error. Hoerner's answer admitted execution and delivery of the promissory note to Harty and nonpayment of the note. As a defense, Hoerner alleged he intended to and did execute the note in his capacity as president of Nemrava & Company and that the note in question...

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