Ellis v. Citizens' National Bank
New Mexico Supreme Court
Appeal from District Court, Roosevelt County; Richardson, Judge. Action by John Ellis and William I. Shriver, joint administrators of the estate of George Ellis, deceased, against the Citizens’ National Bank of Portales, New Mexico. Judgment for defendant dismissing the complaint and plaintiffs appeal. Plaintiff had action on written guarantee signed by president of defendant bank. Ellis v. Stone, 21 N. M. 730; People’s Bank of Belleville v. Mfgs.
Read the full summary
Appeal from District Court, Roosevelt County; Richardson, Judge. Action by John Ellis and William I. Shriver, joint administrators of the estate of George Ellis, deceased, against the Citizens’ National Bank of Portales, New Mexico. Judgment for defendant dismissing the complaint and plaintiffs appeal. Plaintiff had action on written guarantee signed by president of defendant bank. Ellis v. Stone, 21 N. M. 730; People’s Bank of Belleville v. Mfgs. National Bank, 101 U. S. 181; Davenport v. Stone, 53 Am. St. R. 471; Thomas v. City National Bank, 58 N. W. 944; Cochran v. II. S., 157 U. S. 297;…
1Opinion
On Motion for Rehearing.
ROBERTS, J.
Appellee has filed a motion for rehearing in which he contends; First, that the opinion of this court is contrary to_ the decisions of the federal courts construing the National Bank Act. As to this proposition it is sufficient to say that we are satisfied with the original opinion.
The second proposition urged is that the evidence in the record as to whether appellant relied upon the guaranty of the bank is conflicting; that the court made no finding upon this proposition, but as judgment was entered for appellee, it is to be presumed that this question was…
Also in this document: Concurrence.
2Cases cited4 opinions
- State v. McKnightNew Mexico Supreme Court · 1915
- Loretto Literary Society v. GarciaNew Mexico Supreme Court · 1913
- Dailey v. FosterNew Mexico Supreme Court · 1913
- State v. WilliamsNew Mexico Supreme Court · 1916