Davisson v. Citizens' National Bank
New Mexico Supreme Court
Appeal from the District Court for - Chaves County before W. II. Pope, Chief Justice. Where a person responsible either by operation of law or express contract, to another has notice of a suit against the latter, and an opportunity to appear and defend, the judgment rendered in the action will be conclusive on him whether he appeared or not. 23 Cyc. 1270; Nathan v. Rehkopf, 57 111. App. 212; Robbins v. City of Chicago, 4 Wall. 657; American Bell Telephone Co. v. National…
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Appeal from the District Court for - Chaves County before W. II. Pope, Chief Justice. Where a person responsible either by operation of law or express contract, to another has notice of a suit against the latter, and an opportunity to appear and defend, the judgment rendered in the action will be conclusive on him whether he appeared or not. 23 Cyc. 1270; Nathan v. Rehkopf, 57 111. App. 212; Robbins v. City of Chicago, 4 Wall. 657; American Bell Telephone Co. v. National Imp. Telephone Co., 27 Eed. 663; Doty v. Hawkins, 25 Amer. Dec. 459; Wells v. American Express Co., Wis., 42 Am. Rep. 695;…
1Opinion of the Court
OPINION OF THE COURT.
MECHEM, J.-
-The court below held that the bank’s liability was fixed and limited by the memorandum above mentioned, and that as no abstract “approved by purchaser’s attorney” was presented to the bank on or prior to September 10th, that after said date “it became the duty of the bank to deliver the said check or its proceeds to O. C. Berry-man, one of the parties to the escrow agreement upon demand.”
Now, it is admitted that the bank was acting as agent for both parties as far as the escrow itself was concerned, and the question is, did the bank act as it should have…
2Cited by6 opinions
- Buhler v. MarrujoNew Mexico Court of Appeals · 1974
- McBride v. COMMERCIAL BK. OF CHAMPAIGNAppellate Court of Illinois · 1981
- Security Trust & Savings Bank v. CarlsenCalifornia Supreme Court · 1928
- Loyd v. Southwest UnderwritersNew Mexico Supreme Court · 1946
- Dunlap v. Albuquerque Nat. BankNew Mexico Supreme Court · 1952
1 more not listed; retrieve them via the Exa API.