COOPER v. GUTIERREZ

No. 19243.

360 P.2d 428 (1961)

Mrs. James COOPER, Plaintiff in Error, v. Ben GUTIERREZ, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied April 3, 1961.


Attorney(s) appearing for the Case

James H. Mosley, Craig, for plaintiff in error.

Charles S. Vigil, Trinidad, for defendant in error.


MOORE, Justice.

We will refer to the parties as they appeared in the trial court where defendant in error was plaintiff and plaintiff in error was defendant.

Plaintiff's complaint was based on a promissory note executed by defendant who filed her answer and alleged therein a number of defenses, one of which reads as follows:

"Third Defense

"1. Defendant alleges that said note was made and delivered by the defendant to the plaintiff for the...

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