First National Bank v. Lesser & Lewinson
New Mexico Supreme Court
Error, from- a judgment for defendants on the attachment issue, to the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. Any material fact may be proved by the admission of a party to the cause. Greenlf. Ev., secs. 171 171; Stark Ev., star p. 50; Whar. Ev. 1191. A renewal note is not payment of the debt evidenced thereby. Danl. Neg. Insts., secs. 1266a, 1266c; Bump. Eraud. Convey.
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Error, from- a judgment for defendants on the attachment issue, to the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. Any material fact may be proved by the admission of a party to the cause. Greenlf. Ev., secs. 171 171; Stark Ev., star p. 50; Whar. Ev. 1191. A renewal note is not payment of the debt evidenced thereby. Danl. Neg. Insts., secs. 1266a, 1266c; Bump. Eraud. Convey. (1 Ed.), sec. 296. No right is lost by change of securities, and the holder of a new note in exchange for an old one may attack a conveyance which is fraudulent as…
1Opinion of the CourtPabkeb, J.
On the fourteenth day of January, 1896, the plaintiff in error began this suit as plaintiff in the district court against Lesser & Lewinson, upon a promissory note for $2,500 and a writ of attachment was issued in aid of said action and levied upon the stock of dry goods of the defendant. The grounds stated in the attachment affidavit were as follows: “And affiant further says that he has good reason to believe and does believe that the said defendants have fraudulently concealed and disposed of a part of their property and effects, so as to hinder, delay and defraud their creditors; aud are…
2Cases cited6 opinions
- McLaughlin v. Bank of PotomacSupreme Court of the United States · 1849
- Lowry v. FisherCourt of Appeals of Kentucky · 1867
- Thomson v. HesterMississippi Supreme Court · 1878
- Gardner v. BakerSupreme Court of Iowa · 1868
- Miller v. HiltonSupreme Judicial Court of Maine · 1896
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3Cited by3 opinions
- Permian Anchor Services, Inc. v. NiccumCourt of Appeals for the First Circuit · 1981
- First National Bank v. NiccumCourt of Appeals for the Tenth Circuit · 1981
- Hot Springs National Bank v. StoopsNew Mexico Supreme Court · 1980