Legal Opinion

Ellis v. Citizens' National Bank

New Mexico Supreme Court

Decided November 21, 1918No. 2193PublishedCited by 19 opinions

Appeal from District Court, Roosevelt County; Richardson, Judge. Action by John Ellis and William I. Shriver, joint administrators of the estate of George Ellis, deceased, against the Citizens’ National Bank of Portales, New Mexico. Judgment for defendant dismissing the complaint and plaintiffs appeal. Plaintiff had action on written guarantee signed by president of defendant bank. Ellis v. Stone, 21 N. M. 730; People’s Bank of Belleville v. Mfgs.

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Appeal from District Court, Roosevelt County; Richardson, Judge. Action by John Ellis and William I. Shriver, joint administrators of the estate of George Ellis, deceased, against the Citizens’ National Bank of Portales, New Mexico. Judgment for defendant dismissing the complaint and plaintiffs appeal. Plaintiff had action on written guarantee signed by president of defendant bank. Ellis v. Stone, 21 N. M. 730; People’s Bank of Belleville v. Mfgs. National Bank, 101 U. S. 181; Davenport v. Stone, 53 Am. St. R. 471; Thomas v. City National Bank, 58 N. W. 944; Cochran v. II. S., 157 U. S. 297;…

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, J.

Only a brief statement of the facts in this case will be necessary, in view of the full statement made in the ease of Ellis v. Stone, 21 N. M. 730, 158 Pac. 480, L. R. A. 1916F, 1228. That cause of action was instituted against Lula Stone, executrix of the estate of James P. Stone, deceased, upon a guaranty of a loan made by Ellis to ~W. "W. Humble. The letter relied upon as constituting the guaranty is set out in full in the reported cam. It is there held that the letter constituted a guaranty, but further held that it was not the individual undertaking of…

2Cases cited21 opinions

  1. Merchants' Bank v. State BankSupreme Court of the United States · 1871
  2. Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
  3. California Bank v. KennedySupreme Court of the United States · 1897
  4. Railroad Co. v. HowardSupreme Court of the United States · 1869
  5. Citizens' Central Nat. Bank of NY v. AppletonSupreme Court of the United States · 1910

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3Cited by19 opinions

  1. Norton Grocery Co. v. Peoples National BankSupreme Court of Virginia · 1928
  2. First Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1937
  3. Gardiner Trust Co. v. Augusta Trust Co.Supreme Judicial Court of Maine · 1936
  4. Farmers' State Bank of Merkel v. First State Bank of AbileneCourt of Appeals of Texas · 1924
  5. Live Stock State Bank v. First Nat. BankDistrict Court, D. Idaho · 1924

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

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