ACKMANN v. MERCHANTS MORTG. & TRUST

No. 78-795.

619 P.2d 501 (1980)

Mr. and Mrs. Lowell E. ACKMANN, Mr. and Mrs. Noble Arnold, Russell Dashow, Mr. and Mrs. Donald Gregor, Mr. and Mrs. James F. Huntington, Dr. and Mrs. Paul Jacobi, Mr. and Mrs. Linas Jurcys, Mr. and Mrs. Helmut Kanoldt, Mr. and Mrs. William Lundberg, Mr. and Mrs. Fred H. Olander, L. Douglass Piggott, Mr. and Mrs. Harold Schimanski, Mr. and Mrs. Gerald W. Schultz, Mr. and Mrs. Richard Siakel, Mr. and Mrs. Ted Stockfish, Mr. and Mrs. Grant Taylor, Mr. and Mrs. Michael Toll, Mr. and Mrs. Ronald Vargason, Mr. and Mrs. Fred Weinert, Plaintiffs-Appellees and Cross-Appellants, and Mr. and Mrs. Roy Kopeikin and Mr. and Mrs. Philip Wangelin, Plaintiffs and Cross-Appellants, v. MERCHANTS MORTGAGE & TRUST CORPORATION, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 26, 1980.

Certiorari Granted November 3, 1980.


Attorney(s) appearing for the Case

Davis, Miner & Barnhill, George F. Galland, Jr., Chicago, Ill., Arthur L. Fine, Denver, for plaintiffs-appellees and cross-appellants.

Davis, Moorhead & Ceriani, P.C., Gary J. Ceriani, Denver, for defendant-appellant and cross-appellee.


STERNBERG, Judge.

Defendant, Merchants Mortgage & Trust Corporation, appeals a judgment entered on a jury verdict finding that it was not a holder in due course of certain promissory notes executed by plaintiffs, that a defense of fraudulent concealment was available to plaintiffs, and that plaintiffs were therefore entitled to restitution of the amounts paid on the notes. We reverse.

Plaintiffs had purchased lots at the Woodmoor Corporation's Stagecoach...

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