Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

People v. Clayton

Supreme Court of Colorado
728 P.2d 723 (Colo. 1986)


Charles Clayton (defendant) formed a partnership called Clayton Realty Company with Thomas and Donna Gray. The Grays contributed a total of $60,000 in return for a 50 percent share of the partnership. Later, Clayton entered into another partnership agreement with Evan Jones to form ERA Clayton Realty (ERA Clayton). Days later, Clayton and the Grays dissolved the initial partnership, with Clayton agreeing to pay the Grays $300 per month for 10 years. Clayton made $1,500 in payments to the Grays from ERA Clayton’s partnership account. The ERA Clayton partnership agreement stated that checks could only be drawn on the partnership’s bank account for partnership purposes. Clayton was charged with felony theft under Colorado Revised Statutes § 18-4-401, which provides that a person commits theft if the person knowingly obtains or exercises control over anything of value of another person without authorization and with the intent to permanently deprive the other person of the use or benefit of the thing of value. The district court found that Clayton had paid a personal debt to the Grays using money from the ERA Clayton partnership account. However, the district court held that a partner could not be charged with the theft of partnership property, because partnership property did not constitute a thing of value to another person as contemplated by the statute. The district court dismissed the charge against Clayton. The state appealed, arguing that an unauthorized taking of partnership property by a partner constituted theft.

Rule of Law


Holding and Reasoning (Dubofsky, J.)


What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial