SCHWARTZ v. BLUE

No. 77-214.

573 P.2d 941 (1977)

Lyle M. SCHWARTZ, Plaintiff, v. Earnest R. BLUE, Defendant-Appellant, and Evamarie Blue, Defendant and Cross-Claimant Appellee.

Colorado Court of Appeals, Div. I.

December 29, 1977.


Attorney(s) appearing for the Case

Addy, Otto & Stauffer, John G. Otto, Colorado Springs, for defendant-appellant.

Murphy, Morris & Susemihl, Peter M. Susemihl, Colorado Springs, for defendant and cross-claimant appellee.


ENOCH, Judge.

Plaintiff sued defendants on a promissory note and obtained judgment against defendant Evamarie Blue (wife), but was unable to recover against defendant Earnest R. Blue (husband) because of his discharge in bankruptcy. Plaintiff's judgment is not appealed. However, wife recovered a similar judgment against husband on her cross-claim based on fraud. Husband appeals the wife's judgment. We reverse.

Co-defendants were married on December 26, 1972...

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