Daughtry v. International Bank of Commerce
New Mexico Supreme Court
Appeal from the District Court for the County of Quay; Thomas D. Leib, District Judge; Notice to bank of trust character of the fund. Estoppel. Rich v. Bank, 7 Neb. 201; Thomas v. Bank, 58 N. AAT. 943; Merchants Natl. Bank v. McAnulty, (Tex. Civ. App.) 31 S. AY. 1091; Porter v. Bank, 19 Yt. 410; Rock Springs Bank v. Luman, 42 Pac. (Wyo.) 874; Central Bank v. Levin, 6 Mo. App. 543; First Nat. Bank v. Peisert, 2 Penn. 277; First Nat.
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Appeal from the District Court for the County of Quay; Thomas D. Leib, District Judge; Notice to bank of trust character of the fund. Estoppel. Rich v. Bank, 7 Neb. 201; Thomas v. Bank, 58 N. AAT. 943; Merchants Natl. Bank v. McAnulty, (Tex. Civ. App.) 31 S. AY. 1091; Porter v. Bank, 19 Yt. 410; Rock Springs Bank v. Luman, 42 Pac. (Wyo.) 874; Central Bank v. Levin, 6 Mo. App. 543; First Nat. Bank v. Peisert, 2 Penn. 277; First Nat. Bank v. Blake, GO Fed. 78; Tilden v. Barnard, 43 Mich. 376; LeDuc v. Moore, 111 N. C. 516; Black Hills Bank v. Kellogg, 4 S. Dak. 511, (38 Am. Rep. 197); Clerks…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J. —
It appears that appellant by means of a loan which he negotiated with an insurance company, obtained a draft for $5,000.00; that he authorized one Wr. F. Buchanan, the president of the defendant, bank, as an individual, to endorse said draft and to pay certain debts of appellant from the proceeds thereof, and instructed him to send appellant a draft for the balance of the money available out of said loan, to Roswell, New Mexico; that said Buchanan endorsed said draft and paid the said debts of appellant leaving a balance due him of $1,352.40; that, contrary to…
2Cases cited1 opinion
- Lowe v. JonesMassachusetts Supreme Judicial Court · 1906
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