Legal Opinion

Rutherford v. Darwin

New Mexico Court of Appeals

Decided June 24, 1980No. 4108PublishedCited by 16 opinions

1Opinion of the Court

OPINION

ANDREWS, Judge.

Tom Darwin was a general partner of both Rancho Village Partners and The Settlement, Ltd., which are New Mexico limited partnerships. He had full authority to manage the funds of both entities with his signature alone.

On May 17,1977, Darwin made a $300,000 draw against a construction loan made by Albuquerque National Bank (ANB) to Rancho Village Partners. He received the money in the form of a money order payable to “Rancho Village Partnership, Ltd.” He endorsed the money order with “Deposit to the account of Rancho Village Partners, Ltd.”, and took it to the First…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.New York Court of Appeals · 1979
  2. Budwit v. HerrMichigan Supreme Court · 1954
  3. First State Bank at Gallup v. ClarkNew Mexico Supreme Court · 1977
  4. Glens Falls Indemnity Co. v. Palmetto BankCourt of Appeals for the Fourth Circuit · 1939
  5. Alaska Airlines, Inc. v. Lockheed Aircraft Corp.District Court, D. Alaska · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. General Motors Acceptance Corp. v. AnayaNew Mexico Supreme Court · 1985
  2. State v. McCraryNew Mexico Supreme Court · 1984
  3. City of Albuquerque v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2003
  4. Santa Fe Custom Shutters & Doors, Inc. v. Home Depot U.S.A., Inc.New Mexico Court of Appeals · 2005
  5. Leyba v. RengerNew Mexico Supreme Court · 1992

11 more not listed; retrieve them via the Exa API.

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