Bullard v. Lopez
New Mexico Supreme Court
Error, from a judgment • in favor of plaintiff, to the Fourth Judicial District Court, San Miguel County. The facts are stated in the opinion of the court. The court should enter final judgment in favor of plaintiff in error under section 2190, Compiled Laws, 1884. An acknowledgment, or new promise, to be effectual to revive a debt, must be unqualified and unconditional. Wood, Lim., p. 183-185, et seq.; Angelí, Lim., sec. 235, et seq.
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Error, from a judgment • in favor of plaintiff, to the Fourth Judicial District Court, San Miguel County. The facts are stated in the opinion of the court. The court should enter final judgment in favor of plaintiff in error under section 2190, Compiled Laws, 1884. An acknowledgment, or new promise, to be effectual to revive a debt, must be unqualified and unconditional. Wood, Lim., p. 183-185, et seq.; Angelí, Lim., sec. 235, et seq. It must also relate to the identical debt, and this must clearly appear. Angelí, Lim., sec. 238. The word “revived” has been used in the discussions…
1Opinion of the CourtCollier, J.
The case in the court below was an action of assumpsit, wherein defendant in error, as assignee of one Andres Sena, brought suit against plaintiff in error, as a member of a partnership doing business under the firm name of Rupe & Bullard, upon a promissory note made by said firm, dated June 5, 1883, due sixty days after date, and being for the sum of $1,475,44, with interest at the rate of one and one half per cent per month. The action was begun on October 14, 1889, and by a second count in the declaration plaintiff averred a parol promise by the defendant, made to plaintiff’s assignee on…
2Cases cited3 opinions
- Chidsey v. PowellSupreme Court of Missouri · 1887
- Draper v. EmersonWisconsin Supreme Court · 1867
- Lindsey v. LymanSupreme Court of Iowa · 1873
3Cited by3 opinions
- Gentry v. GentryNew Mexico Supreme Court · 1955
- Petranovich v. FrkovichNew Mexico Supreme Court · 1945
- State v. GutierrezNew Mexico Court of Appeals · 2010