Crist v. Town of Gallup

On Motion for Rehearing.

In its motion for rehearing and in the argument thereon the appellee urges that the treasurer and not the town is the trustee, and calls our attention to the following statement in State ex rel. Ackerman v. City of Carlsbad, 39 N.M. 352, 47 P.2d 865, 869: “The city treasurer is the trustee, if this be a trust. His is the discretion if there is any.”

A reading of the opinion impresses one that the court was not drawing a distinction between the city and its ministerial officer as the trustee. It is said elsewhere in the opinion: “While the city assumes no general…