Bowman Bank & Trust Co. v. First National Bank
New Mexico Supreme Court
Appeal from the District Court of Dona Ana County; Edward L. Medler, District Judge; Appellant’s interpleader complied in every respect with the requirements of law, and the facts show a proper case for interpleader, and the court was in error in refusing to permit appellant to pay the amount of the certificate of deposit, with interest, into .court. Puterbaugh’s Ch. Pleading, p. 279, and authorities cited; Story Eq.
Read the full summary
Appeal from the District Court of Dona Ana County; Edward L. Medler, District Judge; Appellant’s interpleader complied in every respect with the requirements of law, and the facts show a proper case for interpleader, and the court was in error in refusing to permit appellant to pay the amount of the certificate of deposit, with interest, into .court. Puterbaugh’s Ch. Pleading, p. 279, and authorities cited; Story Eq. Pleading, sec. 291, and cases cited; Louisiana State Lottery Co. v. Clark, 16 Eed. 20; McWhirtes v. Halstead, 24 Eed. 828; Griggs v. Thompson, 1 Ga. Dec. 146; Strange v. Bell, 11…
1Opinion of the Court
OPINION OP THE COURT.
BOBEBTS, C. J.
(after stating the facts as above)- — The first alleged error is predicated upon the action of tho court in sustaining the demurrer to the answer and interpleader of 'the First National Bank of Albuquerque. As shown in the preceding statement of facts, one ground nil the demurrer was that the tender was insufficient to cover the full liability of the appellant bank to the appellee in the event the appellee should prevail. If the demu i'rer was well taken on this ground, no error was committed m sustaining it.
In its complaint .the appellee set forth facts,…
2Cases cited9 opinions
- Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- McGregor v. BalchSupreme Court of Vermont · 1842
- Appeal of the Bridesburg Manufacturing Co.Supreme Court of Pennsylvania · 1884
- Case v. State ex rel. MannIndiana Supreme Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. LlewellynNew Mexico Supreme Court · 1917
- Haymaker v. State ex rel. McCainNew Mexico Supreme Court · 1917
- Jaramillo v. State Ex Rel. Board of County Com'rsNew Mexico Supreme Court · 1926
- State ex rel. Rives v. HerringNew Mexico Supreme Court · 1953
- State ex rel. Ervien v. MunozNew Mexico Supreme Court · 1963