Legal Opinion

Stull v. City of Tucumcari

New Mexico Court of Appeals

Decided August 13, 1975No. 1809PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The trial court held Tucumcari liable for the fraud of its city manager. The dispos-itive issues concern the basis for holding Tucumcari liable. We discuss: (1) Section 14-9-7, N.M.S.A.1953 (Repl.Vol. 3); (2) Sections 5-6-18 through 5-6-20, N.M. S.A.1953 (Repl.Vol. 2, pt. 1) ; and (3) liability of a municipality for torts of an employee.

The trial court’s findings are not challenged. It found that Tucumcari's City Commissioners authorized the city manager to discuss with plaintiff the acquisition of certain property “and to report back to the said City Commission the…

2Cases cited13 opinions

  1. McCauley v. RayNew Mexico Supreme Court · 1968
  2. Barker v. City of Santa FeNew Mexico Supreme Court · 1943
  3. Prudential Insurance Company of America v. AnayaNew Mexico Supreme Court · 1967
  4. Montoya v. City of AlbuquerqueNew Mexico Supreme Court · 1970
  5. Galvan v. City of AlbuquerqueNew Mexico Supreme Court · 1975

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3Cited by2 opinions

  1. Narney v. DanielsNew Mexico Court of Appeals · 1992
  2. Risk Management Division v. McBrayerNew Mexico Court of Appeals · 2000

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