Legal Opinion
Evans v. Mortgage Investment Co.
New Mexico Court of Appeals
Decided February 23, 1973No. 1044PublishedCited by 2 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
The issue is the propriety of a summary judgment for defendant in plaintiffs’ suit for compensatory and punitive damages based on an alleged conversion. The facts as to the alleged conversion are not disputed. The trial court ruled, as a matter of law, that there was no coxrversion. We agree.
Defendant holds the mortgage on plaintiffs’ house. Monthly payments on the mortgage include a sum which is placed in an “escrow account.” Payment of taxes and insurance is made from the escrow account.
In December, 1970, plaintiffs’ escrow account did not have sufficient funds for…
2Cases cited5 opinions
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Taylor v. McBeeNew Mexico Court of Appeals · 1967
- Molybdenum Corp. of America v. Brazos Engineering Co.New Mexico Supreme Court · 1970
- State v. First Nat. Bank of AlbuquerqueNew Mexico Supreme Court · 1934
- Christensen v. PughUtah Supreme Court · 1934
3Cited by2 opinions
- Aragon v. General Electric Credit Corp.New Mexico Court of Appeals · 1976
- GMA, Inc. v. Boerner (In re Boerner)United States Bankruptcy Court, D. New Mexico · 1987