Putney v. Schmidt
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. A party to a contract who has opportunity to obtain knowledge tvith reference to representations and facts connected tvith the contract equal with that possessed by' the other party, cannot claim immunity from the obligations of the contract if he did not avail himself of his opportunity and acquire the knowledge of facts constituting fraud or concealment which he could have…
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Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. A party to a contract who has opportunity to obtain knowledge tvith reference to representations and facts connected tvith the contract equal with that possessed by' the other party, cannot claim immunity from the obligations of the contract if he did not avail himself of his opportunity and acquire the knowledge of facts constituting fraud or concealment which he could have readily obtained had he sought to do so. Slaughter v. Gerson, 13 Wall. 383; Grimes v. Sanders, 93 IT. S. 61; Farnsworth v…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, A. J.
1 The appellant has questioned the sufficiency of the evidence to sustain the findings of facts in the lower court upon the issue of fraud, but, when we e.onsider the positive proof offered and the facts fairly deducible from the circumstances proven, we cannot say that the lower court was not justified in concluding that the fraud had been established, even to the degree which appellant claims was required, under the decision of the Supreme Court of the United States in the Maxwell Land Grant case found in 124 U. S. 381. The jury found that fraud had been…
2Cases cited19 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Magee v. Manhattan Life InsuranceSupreme Court of the United States · 1876
- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
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3Cited by11 opinions
- Prudential Insurance Company of America v. AnayaNew Mexico Supreme Court · 1967
- Crouch v. MostNew Mexico Supreme Court · 1967
- Yucca Mining & Petroleum Co. v. Howard C. Phillips Oil Co.New Mexico Supreme Court · 1961
- Stewart v. LuceroNew Mexico Supreme Court · 1996
- Branch v. CHAMISA DEVELOPMENT CORP., LTD.New Mexico Court of Appeals · 2009
6 more not listed; retrieve them via the Exa API.