Feder Silberberg Co. v. McNeil
New Mexico Supreme Court
Error to the District Court for the County of Santa Fe, Eclmuncl C. Abbott, District Judge; 1. Court erred in holding that it was necessary to prove the incorporation of the plaintiff. Clark & Marshall Corporations, sec. 83, p. 262, vol. 1, (1903); Id., see. 84;. Seattle Crockery Co. v. Haley, et al., 6 Wash. 302; Tragdon v. Cleveland Stone Co., 53 111. App. 206; Hassinger v. Ammon, et al., 160 Pa.
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Error to the District Court for the County of Santa Fe, Eclmuncl C. Abbott, District Judge; 1. Court erred in holding that it was necessary to prove the incorporation of the plaintiff. Clark & Marshall Corporations, sec. 83, p. 262, vol. 1, (1903); Id., see. 84;. Seattle Crockery Co. v. Haley, et al., 6 Wash. 302; Tragdon v. Cleveland Stone Co., 53 111. App. 206; Hassinger v. Ammon, et al., 160 Pa. St. 245' (suretyshop bond); City of St. Louis v. Shields, et al., 62 Mo. 247 and cases cited therein; Loaners Bank v. Jacoby, 10 Hun. (N. Y.) 143, (forthcoming bond); Jeff v. McCarthy, 44 Minn. 26.…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J. —
This is an action brought by plaintiff in error against defendants in error to recover the penalty of a bond executed by them to the plaintiff to secure the fidelity of LeMar McNeil as an employee of the plaintiff. The provisions of the bond in so far as they are deemed pertinent to this inquiry, are'as follows:
‘The condition of the above obligation is such that, whereas, the said LeMar McNeil is about to enter into the emplojunent of the said Feder Silberberg Company, and while in such employment will be entrusted by them with merchandise to be used b3r him…
2Cases cited7 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- Schutz v. JordanSupreme Court of the United States · 1891
- Pier v. HeinrichshoffenSupreme Court of Missouri · 1877
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3Cited by4 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Haag v. CommissionerUnited States Board of Tax Appeals · 1930
- Wichita Valley Ry. Co. v. DavisCourt of Appeals of Texas · 1925
- W.E. Richmond Co. v. Security Nat. Bk.Court of Appeals of Tennessee · 1933