Moriarity v. Meyer
New Mexico Supreme Court
Appeal from District Court, Bernalillo Count]'-; H. F. Raynolds, Judge. Action by M. T. Moriarity against Julius Meyer and another. From a judgment for defendants, plaintiff appeals. The transaction between the parties created relation of-landlord and tenant. Promoter’s contract was adopted by corporation.
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Appeal from District Court, Bernalillo Count]'-; H. F. Raynolds, Judge. Action by M. T. Moriarity against Julius Meyer and another. From a judgment for defendants, plaintiff appeals. The transaction between the parties created relation of-landlord and tenant. Promoter’s contract was adopted by corporation. Cook on Corps., sec. 707; Wall v. Niagara Co., 59 Pac. 399; Whitney v. Wynian, 101 U. S'. 392; 2 Cook on Corps., p. 715. The trial court found that no relation of landlord and tenant existed between the parties, and such finding, being supported by substantial evidence, will not be…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This is an appeal from the district court for the county of Bernalillo. The case was tried to the court without a jury. Appellant assigns thirty-one grounds of error, and argues three general propositions before this court. Excluding questions concerning certain findings and requested findings, which will be dealt with hereafter, this case turns upon the single question as to whether or not the relation of landlord and tenant existed between the appellant and the People’s Savings Bank of Moriarity, so that the foreclosure of an alleged landlord’s lien resulted…
2Cases cited13 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- Weatherford, Mineral Wells & Northwestern Railway Co. v. GrangerTexas Supreme Court · 1894
- Gougar v. TimberlakeIndiana Supreme Court · 1897
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3Cited by3 opinions
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- Starko, Inc. v. Presbyterian Health Plan, Inc.New Mexico Court of Appeals · 2012
- DeCarlo v. Gerryco, Inc.Court of Appeals of North Carolina · 1980