Buss v. Kemp Lumber Co.
New Mexico Supreme Court
Appeal from District Court, Eddy County; Richardson, Judge. Suit by George H, Buss against the Kemp Lumber Company, John H. Fox, and another. Judgment for plaintiff, and the Kemp Lumber Company appeals. Contract is clear and requires no special construction. Daniels on Negotiable Instruments (Calvert Ed.) 1215; Angelí on Limitations 6th Ed. 103; Douthitt v Farrell, 60 Kan. 196, 56 Pac. 9; Manitoba Mortg. & Investment Co. v. Dally, 10 Man.
Read the full summary
Appeal from District Court, Eddy County; Richardson, Judge. Suit by George H, Buss against the Kemp Lumber Company, John H. Fox, and another. Judgment for plaintiff, and the Kemp Lumber Company appeals. Contract is clear and requires no special construction. Daniels on Negotiable Instruments (Calvert Ed.) 1215; Angelí on Limitations 6th Ed. 103; Douthitt v Farrell, 60 Kan. 196, 56 Pac. 9; Manitoba Mortg. & Investment Co. v. Dally, 10 Man. L. Rep. 425; Dodge v. Signor, 18 Tex. Civ. App. 45, 44 S. W. 926; San Antonio Real Estate etc. v. Stewart, 61 S. W. 386; McFadden v. Branden, 8 Out. L. Rep.…
1Opinion of the Court
OPINION OP THE COURT.
PAEKEE, J.
This is a suit by George IT. Buss, appellee, against John IT. Fox, E. F. Hardwick, and the Kemp Lumber Company, to recover a personal judgment against Fox, obtain a foreclosure of a mortgage executed by Fox, and determine the priority of claims between the appellee and Hardwick and the Kemp Lumber Company. The Kemp Lumber Company has perfected this appeal from a judgment rendered by the trial court in favor of the appellee. The facts, as gathered from the pleadings, are:
That on March 16, 1909, John IT. Fox executed his note for $8,000, and to secure the payment…
2Cases cited18 opinions
- M'iver, Lessees v. RaganSupreme Court of the United States · 1817
- Lord v. MorrisCalifornia Supreme Court · 1861
- Tynan v. WalkerCalifornia Supreme Court · 1868
- President of the Bank of Alabama v. DaltonSupreme Court of the United States · 1850
- Wood v. GoodfellowCalifornia Supreme Court · 1872
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Altman v. KilburnNew Mexico Supreme Court · 1941
- Griffith v. HumbleNew Mexico Supreme Court · 1942
- City of Albuquerque v. CamposNew Mexico Supreme Court · 1974
- Lent v. Employment Security CommissionNew Mexico Court of Appeals · 1982
- In Re Matson's EstateNew Mexico Supreme Court · 1946
4 more not listed; retrieve them via the Exa API.