Legal Opinion
Moya v. Fidelity and Casualty Company of New York
New Mexico Supreme Court
Decided September 27, 1965No. 7625PublishedCited by 7 opinions
1Opinion of the Court
MOISE, Justice.
Plaintiff-appellant here presents an issue of whether defendant-appellee, as surety on a “plugging bond,” owed a duty to plains, tiff, its principal, to attempt to locate him and notify him that his gas w.ell was about to be plugged, and whether defendant actually had the well plugged before it was required to do so. By cross appeal the defendant complains of the trial court’s refusal to grant it judgment on a counterclaim for amounts expended by it in meeting its obligation on the bond.
Plaintiff owned a gas well which went into production in 1953. Defendant had written a…
2Cases cited14 opinions
- Freitag v. The Strand of Atlantic City, Inc.Court of Appeals for the Third Circuit · 1953
- Underwriters Salvage Co. Of New York v. Davis & Shaw Furniture Co.Court of Appeals for the Tenth Circuit · 1952
- Carroll v. National Surety Co.Court of Appeals for the D.C. Circuit · 1928
- Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925
- United States Fidelity & Guaranty Co. v. JonesCourt of Appeals for the Fifth Circuit · 1937
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3Cited by7 opinions
- Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
- Govich v. North American Systems, Inc.New Mexico Supreme Court · 1991
- Credit Institute v. Veterinary Nutrition Corp.New Mexico Court of Appeals · 2002
- Beyale v. Arizona Public Service Co.New Mexico Court of Appeals · 1986
- Four Seasons Environmental, Inc. v. Westfield CompaniesOhio Court of Appeals · 1994
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