CARROLL v. FIRST NAT. BANK IN LOVELAND

No. 16723.

249 P.2d 540 (1952)

126 Colo. 377

CARROLL v. FIRST NAT. BANK IN LOVELAND.

Supreme Court of Colorado, en Banc.

October 14, 1952.


Attorney(s) appearing for the Case

F. W. Harding, Onalee Brown, Denver, for plaintiff in error.

Hatfield Chilson, Robert M. McCreary, Loveland, for First Nat. Bank in Loveland, defendant in error.

Ireland, Ireland, Stapleton & Pryor, Denver, for Central Bank & Trust Co., defendant in error.

Kenneth W. Robinson, R. D. Charlton, Robert Swanson, Denver, for Joe E. Hoffman, defendant in error.


JACKSON, Chief Justice.

The First National Bank in Loveland, hereinafter called the bank, suing Carroll as maker of certain promissory notes payable to the bank, and also asking foreclosure on a chattel mortgage securing them, obtained favorable summary judgment. Carroll, seeking reversal here, alleges error on the basis that his answer set forth a valid counterclaim for which he should have been given credit in figuring the amount of the judgment.

The counterclaim...

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