Legal Opinion

Romero v. Desmarais

New Mexico Supreme Court

Decided January 15, 1889Published

Error to district court, San Miguel county; Long, Judge.

1Opinion of the CourtBrinker, J.

This was an action of assumpsit brought by the defendant in error against the plaintiff in error for money lent and advanced to, paid, laid out, and expended for, the plaintiff in error on an account stated.

The plea was non assumpsit. The cause was tried by the court, a jury having been waived by stipulation. The court found the issues for the defendant in error, and rendered judgment in his favor for the amount of his claim, with 7 per cent, interest. There was a motion for a new trial filed, heard, and denied, and the cause comes here by writ of error.

The undisputed facts are that one John…

2Cases cited5 opinions

  1. Delmas v. MartinCalifornia Supreme Court · 1870
  2. City of Richmond v. SmithSupreme Court of the United States · 1873
  3. Joshua B. Bond, Administrator of Mary Ann Cade, in Error v. James BrownSupreme Court of the United States · 1852
  4. North Noonday Mining Co. v. Orient Mining Co.District Court, D. California · 1880
  5. Goldstein v. NunanCalifornia Supreme Court · 1885

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