First National Bank v. Dennis
New Mexico Supreme Court
Appeal from District Court, Curry County; Richardson, Judge. Action, of. the First National Bank of Raton against Charles E. Dennis, receiver of the American Bank & Trust Company. From a judgment for defendant, plaintiff appeals. • Instructions between banks to remit collections made, establish the relation of principal and agent, not that of debtor and creditor. Hutchinson v. National Bank of Commerce, 41 So.
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Appeal from District Court, Curry County; Richardson, Judge. Action, of. the First National Bank of Raton against Charles E. Dennis, receiver of the American Bank & Trust Company. From a judgment for defendant, plaintiff appeals. • Instructions between banks to remit collections made, establish the relation of principal and agent, not that of debtor and creditor. Hutchinson v. National Bank of Commerce, 41 So. (Ala.) 143. When no course of dealing has existed between the parties, paper accepted for collection is under express directions to collect and remit and the money in the hands of the…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, J.
(after stating the facts as above) — The essential question here presented for consideration is whether the complaint presents a state of facts entitling the plaintiff, appellant here, to priority in the allowance of its claim; the issue being raised by defendant’s demurrer to- the complaint.
[1] The question is peculiarly one of fact rather than law, and is calculated to create a natural divergence of opinion in its solution. The authorities have widely differed in the rules laid down as determinative of the question, but it is unquestioned, we- believe, that the…
2Cases cited8 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- American Can Co. v. WilliamsCourt of Appeals for the Second Circuit · 1910
- Hutchinson v. National Bank of CommerceSupreme Court of Alabama · 1906
- Plano Manufacturing Co. v. AuldSouth Dakota Supreme Court · 1901
- National Life Insurance of Montpelier v. MatherAppellate Court of Illinois · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. McKinley County Bank. in Re RobbNew Mexico Supreme Court · 1927
- Sinclair Refining Co. v. TierneyNew Mexico Supreme Court · 1928
- State v. HammonsArizona Supreme Court · 1932