Romero v. Desmarais
New Mexico Supreme Court
Error, from a judgment in favor of plaintiff, to the First Judicial District Court, San Miguel County. The facts are stated in the opinion of the -court. , There was error in admitting in evidence the bond, purporting on its face to be executed by certain parties, when it was in fact signed by five of them only, and two of those signing it having signed it on condition that all seven would sign it.
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Error, from a judgment in favor of plaintiff, to the First Judicial District Court, San Miguel County. The facts are stated in the opinion of the -court. , There was error in admitting in evidence the bond, purporting on its face to be executed by certain parties, when it was in fact signed by five of them only, and two of those signing it having signed it on condition that all seven would sign it. Dair v. U. 8., 16 Wall. 6. The defendant in error could not recover any greater sum than he proved had been paid out on account of plaintiff in error; and in order to establish that he had paid…
1Opinion of the CourtBrinker, J.
This was an action of assumpsit brought by the defendant in error against the plaintiff in error for money lent and advanced to, paid, laid out, and expended for, the plaintiff in error on an account stated.
The plea was non assumpsit. The cause was tried by the court, a jury having been waived by stipulation. The court found the issues for the defendant in error, and rendered judgment in his favor for the amount of his claim, with seven per cent interest. There was a motion for a new trial filed, heard, and denied, amd the cause comes here by writ of error.
The undisputed facts are that one…
2Cases cited4 opinions
- Delmas v. MartinCalifornia Supreme Court · 1870
- City of Richmond v. SmithSupreme Court of the United States · 1873
- Joshua B. Bond, Administrator of Mary Ann Cade, in Error v. James BrownSupreme Court of the United States · 1852
- North Noonday Mining Co. v. Orient Mining Co.District Court, D. California · 1880
3Cited by2 opinions
- Shaeffer v. KeltonNew Mexico Supreme Court · 1980
- Seal v. Blackburn Tank Truck ServiceNew Mexico Supreme Court · 1958