Legal Opinion

National Investment Trust v. First National Bank

New Mexico Supreme Court

Decided December 9, 1975No. 10307PublishedCited by 9 opinions

1Opinion of the Court

OPINION

STEPHENSON, Justice.

The plaintiff, National Investment Trust (Trust) brought this action in district court to foreclose a landlord’s lien arising from its lease with G. H. and Jeanne Lyons (Lyons). First National Bank in Albuquerque (Bank) asserted a security interest in the inventory of Lyons, who had been adjudged bankrupt. The trial court ruled that the landlord’s lien was prior to the security interest. The Bank appeals. We reverse.

On July 11, 1970, John Schuckert entered into a business lease with Trust. In April, 1972, Lyons borrowed money from the Bank to purchase Schuckert’s…

2Cases cited9 opinions

  1. Matter of Einhorn Bros., Inc., Bankrupt. Textile Banking Company, Inc.Court of Appeals for the Third Circuit · 1959
  2. Universal CIT Credit Corporation v. Congressional Motors, Inc.Court of Appeals of Maryland · 1967
  3. Chessport Millworks, Inc. v. SolieNew Mexico Court of Appeals · 1974
  4. Johnson v. ThompsonSupreme Court of Alabama · 1914
  5. In Re Einhorn Bros., Inc.District Court, E.D. Pennsylvania · 1959

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Security Pacific Financial Services v. Signfilled Corp.New Mexico Court of Appeals · 1998
  2. Peoples State Bank of Clay County v. ThompsonIndiana Court of Appeals · 1984
  3. Mullen v. Green Tree Financial Corp.Mississippi Supreme Court · 1998
  4. Dwyer v. Cooksville Grain Co.Appellate Court of Illinois · 1983
  5. Herringer v. Mercantile Bank of JonesboroSupreme Court of Arkansas · 1993

4 more not listed; retrieve them via the Exa API.

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