Legal Opinion

WESTERN SURETY COMPANY v. Reed

New Mexico Supreme Court

Decided December 9, 1968No. 8695PublishedCited by 4 opinions

1Opinion of the Court

OPINION

COMPTON, Justice.

The question presented is whether appellant’s failure to pay to the County of Bernalillo monthly remittance due from his office as Justice of the Peace as provided by § 36-19-24, N.M.S.A.1953, constituted an act of defalcation and thereby created a debt not dischargeable in bankruptcy.

The facts in the case are not controverted. A complaint was filed by the County of Bernalillo in Small Claims Court against the appellant Reed alleging that he had failed, neglected and refused to pay to the County Treasurer monthly remittances due from his office as a Justice of the…

2Cases cited7 opinions

  1. Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
  2. Orndorff v. State Ex Rel. McGillCourt of Appeals of Texas · 1937
  3. First-Citizens Bank & Trust Co. v. ParkerSupreme Court of North Carolina · 1945
  4. City of Syracuse v. RoscoeNew York Supreme Court · 1910
  5. National Surety Co. v. WittichSupreme Court of Minnesota · 1932

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

3Cited by4 opinions

  1. Orem Postal Credit Union v. Twitchell (In Re Twitchell)United States Bankruptcy Court, D. Utah · 1987
  2. Kadish v. PHX.-SCOTTS. SPORTS COMPANYCourt of Appeals of Arizona · 1970
  3. In Re GrissomDistrict Court, D. Colorado · 1972
  4. Grissom v. Consumers Money Order Corp. of AmericaDistrict Court, D. Colorado · 1972

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