Pearce v. Strickler
New Mexico Supreme Court
Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. Plaintiff having' alleged title by transfer to him from Tiffany could not recover upon the notes as sole holder and owner, or as survivor of Tiffany. Dicey on Parties to Actions, 149, rule 115; 1 Ohitt. PI. 8, 19, 305, 307; Yinal v. Oil & Oil Land Co., 110 TJ.
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Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. Plaintiff having' alleged title by transfer to him from Tiffany could not recover upon the notes as sole holder and owner, or as survivor of Tiffany. Dicey on Parties to Actions, 149, rule 115; 1 Ohitt. PI. 8, 19, 305, 307; Yinal v. Oil & Oil Land Co., 110 TJ. S. 215; Powder Co. v. Hudson River O. & I. Co., 28 N. Y. Sup. 34; Cushing v Marston, 12 Cush. 431; Fish v. Gates, 133 Mass. 441; Holliday v. Doggett, 6 Pick. 359; Page v. Wolcott, 15 Gray,…
1Opinion of the Court
McFIE, J.-
This suit, brought by W. S. Strickler against F. L. Pearce in the district court of Bernalillo county upon two promissory notes for the sum of five hundred dollars each given by Pearce to J. C. Tiffany and W. S. 'Strickler, dated October 28, 1887, and due in three and six months, respectively.
On the back of each of these notes is the following indorsement:
“For collection,
“J. C. Tiffany,
“W. S. Strickler.”
Strickler brought suit upon these notes in his own name June 26, 1894, more than six years after the notes were given.
On the fourteenth day of March, 1894, a plea of general issue…
2Cases cited9 opinions
- Burnes v. ScottSupreme Court of the United States · 1886
- Olivera v. The Union Insurance CompanySupreme Court of the United States · 1818
- Hopkins v. OrrSupreme Court of the United States · 1888
- Uniontown Bank v. MacKeySupreme Court of the United States · 1891
- Quackenbush v. SawyerCalifornia Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tevis v. McCraryNew Mexico Supreme Court · 1965