Citizens Nat. Bank of Roswell v. Davisson
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP NEW MEXICO. The facts are stated in the opinion. The holder of papers deposited with a bank in escrow can redeliver the paper deposited by one of the parties, to him, after the other party to the escrow agreement is in default in the performance oi everything he was bound to perform, — without the consent of such other party in .default, or order of court. 16 Cyc. 576, 584; 11 Am. & Eng.
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APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP NEW MEXICO. The facts are stated in the opinion. The holder of papers deposited with a bank in escrow can redeliver the paper deposited by one of the parties, to him, after the other party to the escrow agreement is in default in the performance oi everything he was bound to perform, — without the consent of such other party in .default, or order of court. 16 Cyc. 576, 584; 11 Am. & Eng. Enc. of Law, 352; Humphrey v. Richmond R. R. Co., 13 S. E. Rep. 985; Burlington R. R. Co. v. Palmer, 42 Iowa, 222; Bodwell v. Webster, 13 Pick. 411; Hayton v.…
1Opinion of the CourtJustice Pitney
This action was brought in the first instance in the District Court of Chaves County, in the then Territory of New Mexico, by Davisson, as plaintiff, against the Citizens National Bank of Roswell and Mrs. Owens, as defendants. He set up a claim to be paid $5,000 as commissions on a sale of real and personal property made by him as broker in her behalf to one C. C. Berryman, claiming a right to recover against the Bank on the ground that Mrs. Owens had given to him a written order directed to the Bank for payment of the $5,000 out of money of hers that was in the hands of the Bank. Mrs. Owens…
2Cases cited13 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Emerson v. SlaterSupreme Court of the United States · 1860
- Swain v. SeamansSupreme Court of the United States · 1870
- Haws v. Victoria Copper Mining Co.Supreme Court of the United States · 1895
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3Cited by34 opinions
- Republic Pictures Corporation v. KapplerCourt of Appeals for the Eighth Circuit · 1945
- Spaziani v. MillarCalifornia Court of Appeal · 1963
- Buhler v. MarrujoNew Mexico Court of Appeals · 1974
- TRIPLE a MANAGEMENT CO. v. FrisoneCalifornia Court of Appeal · 1999
- Diaz v. United California BankCalifornia Court of Appeal · 1977
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