Legal Opinion

Santistevan v. Centinel Bank of Taos

New Mexico Court of Appeals

Decided November 6, 1980No. 4413PublishedCited by 15 opinions

1Opinion of the Court

OPINION

LOPEZ, Judge.

The district court dismissed plaintiff’s suit for damages for fraud on the grounds that he was not the real party in interest in that he did not own the property of which he claimed defendants Centinel Bank of Taos (hereafter referred to as Bank), Quintana, and Romero had fraudulently deprived him. We affirm the dismissal.

While Santistevan asserts the dismissal was improper on various procedural and substantive grounds, the major issue he raises is whether a bankrupt who fraudulently conceals an asset from his creditors and from the trustee in bankruptcy may later, after…

Also in this document: Concurrence.

2Cases cited26 opinions

  1. Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
  2. First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
  3. Novak v. DowNew Mexico Court of Appeals · 1970
  4. Fed. Sec. L. Rep. P 96,582 State of Ohio v. Peterson, Lowry, Rall, Barber & RossCourt of Appeals for the Tenth Circuit · 1978
  5. Paul Plante v. Troy C. Shivar, Jr.Court of Appeals for the Fourth Circuit · 1976

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

3Cited by15 opinions

  1. Matter of Adoption of DoeNew Mexico Supreme Court · 1984
  2. Headley v. Morgan Management Corp.New Mexico Court of Appeals · 2005
  3. National Excess Insurance v. BinghamNew Mexico Court of Appeals · 1987
  4. Hanson v. TurneyNew Mexico Court of Appeals · 2004
  5. National Excess Ins. Co. v. BinghamNew Mexico Court of Appeals · 1987

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

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