38-10-115. Creditors defined.

Statute text

"Creditors", as used in section 38-10-114, includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels remain in his possession or control.

History

Source: R.S. p. 340, 15. G.L. 1265. G.S. 1524. R.S. 08: 2669. C.L. 5114. CSA: C. 71, 15. CRS 53: 59-1-15. C.R.S. 1963: 59-1-15.

Annotations

 

ANNOTATION

Annotations

When attaching creditor not "creditor" within section. Where possession and control of the property had passed out of the vendor more than six months prior to the commencement of a suit by the attaching creditor, he is not a "creditor" within the definition of this section. Weiland v. Potter, 8 Colo. App. 79, 44 P. 769 (1896); Hendrie & Bolthoff Mfg. Co. v. Collins, 13 Colo. App. 8, 56 P. 815 (1899); Jones v. Mackenzie Bros. Wall Paper & Paint Co., 19 Colo. App. 121, 73 P. 847 (1903).

Wife with alimony claim is creditor. A wife who had a claim for alimony and a suit pending to secure a divorce and compel its payment is a creditor within the purview of this section. Gregory v. Filbeck, 12 Colo. 379, 21 P. 489 (1888); Hall v. Harrington, 7 Colo. App. 474, 44 P. 365 (1896).

Applied in Rizer v. McCarth, 3 Colo. App. 348, 33 P. 191 (1893); Fish v. East, 114 F.2d 177 (10th Cir. 1940).