Carpenter v. Lindauer
New Mexico Supreme Court
Appeal from the district court of Grant county before Frank W. Parker, Associate Judge. The finding of the court that the allegations of fraud and misrepresentation on the part of Lindauer, in the matter of procuring the issue of 165 shares of the capital stock of the Sapello Cattle Company without consideration, contained in subdivision IV of the third amended complaint, is not sustained by the evidence, is manifestly against and clearly not supported by the evidence, and…
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Appeal from the district court of Grant county before Frank W. Parker, Associate Judge. The finding of the court that the allegations of fraud and misrepresentation on the part of Lindauer, in the matter of procuring the issue of 165 shares of the capital stock of the Sapello Cattle Company without consideration, contained in subdivision IV of the third amended complaint, is not sustained by the evidence, is manifestly against and clearly not supported by the evidence, and so subject to review. Rush v. Fletcher, 70 Pac. (N. M.) 559; Romero v. Coleman, 70 Pac. (N. M.) 559; Badaracco v.…
1Opinion of the Court
OPINION OF THE COURT.
BAKER, J.
(after stating the facts). — There are but two questions presented in this case: First, did the court err in its findings of fact that there was no fraud in the procuring of the contract between Ormeda O. Carpenter, administratrix, and Lindauer? Second, did the contract between Ormeda C. Carpenter, administratrix, and Lindauer, bind Ormeda C. Carpenter individually?
1 There is conflicting evidence on the question of fraud in the procurment of said contract; evidence that might have warranted the trial court in finding either way. It is a well-settled rule of law…
2Cases cited4 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Hooper v. BrowningNebraska Supreme Court · 1886
- McGrath v. BarnesSupreme Court of South Carolina · 1880
3Cited by2 opinions
- Bunton v. CampredonNew Mexico Supreme Court · 1918
- Eckert v. LewisNew Mexico Supreme Court · 1929