In re Assignment of Spitz Bros.
New Mexico Supreme Court
Appeal from a judgment of the Second Judicial District Court, Bernalillo County, disallowing claims of petitioners for individual exemptions out of partnership assets in hands of assignee. The facts are stated in the opinion of the court. Exemption laws should be construed liberally in favor of the debtor. Montague v. Richardson, 63 Am.
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Appeal from a judgment of the Second Judicial District Court, Bernalillo County, disallowing claims of petitioners for individual exemptions out of partnership assets in hands of assignee. The facts are stated in the opinion of the court. Exemption laws should be construed liberally in favor of the debtor. Montague v. Richardson, 63 Am. Dec. 173; Carpenter v. Harrington, 37 Id. 272; Rockwell v. Hubbell, 45 Id. 252; Favers v. Glass, 58 Id. 272; Thomp. on Horn. & Exempts., sec.. 5 and citations; Id., secs. 7, 731. Property owned by a debtor as a member of a partnership is alike within the…
1Opinion of the CourtLaughlin, J.
On the eighth day of December, 1894, the firm of Spitz Brothers, a co-partnership composed of Edward Spitz and Berthold Spitz, made an assignment for the benefit of their creditors to M. W. Flourney, as assignee. The firm of Spitz Brothers were and- had been for some time previous to the date of the assignment doing a general mercantile business at Albuquerque, in Bernalillo county, and at Cerrillos, in Santa Fe county, New Mexico. The deed of assignment is in the usual and proper form, and conveyed to said Flourney, as assignee in trust, certain tracts and parcels of real estate, describing…
2Cases cited17 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Bank v. Carrollton RailroadSupreme Court of the United States · 1871
- Pond v. KimballMassachusetts Supreme Judicial Court · 1869
- Stewart v. . BrownNew York Court of Appeals · 1867
- Gilman v. WilliamsWisconsin Supreme Court · 1859
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3Cited by6 opinions
- Advance Loan Company v. KovachNew Mexico Supreme Court · 1968
- Hewatt v. ClarkNew Mexico Supreme Court · 1940
- Dona Ana Savings & Loan Ass'n v. DofflemeyerNew Mexico Supreme Court · 1993
- Dona Ana Savings & Loan Ass'n v. DofflemeyerNew Mexico Supreme Court · 1993
- Moya v. DeBacaDistrict Court, D. New Mexico · 1968
1 more not listed; retrieve them via the Exa API.