First National Bank v. Stover
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Mechera, Judge. Action by the First National Bank of Albuquerque against Roderick Stover. From a judgment for defendant, plaintiff appeals. Plaintiff was a holder in due course. Secs. 52, 56, L. 1907, pp. 172-3; Arndt v. Aylesworth, 123 N. W. 1000. Suspicious circumstances alone not sufficient to prevent recovery. Valley Savings Bank v. Mercer, 97 Md. 458, 55 Atl. 435; Hutchins v. Langley, 27 App.
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Appeal from District Court, Bernalillo County; Mechera, Judge. Action by the First National Bank of Albuquerque against Roderick Stover. From a judgment for defendant, plaintiff appeals. Plaintiff was a holder in due course. Secs. 52, 56, L. 1907, pp. 172-3; Arndt v. Aylesworth, 123 N. W. 1000. Suspicious circumstances alone not sufficient to prevent recovery. Valley Savings Bank v. Mercer, 97 Md. 458, 55 Atl. 435; Hutchins v. Langley, 27 App. D. C. 234; Ketchem v. Covin, 35 Misc. R. 375, 71 N. Y. Supp. 991; Matlock v. Scheurman, 51 Or. 49, 93 Pac. 823, 17 L. R. A. (N. S'.) 747; Aldrich v.…
1Opinion
ON REHEARING.
PARKER, J.
[3] In the last section of the opinion we determine that the question as to whether the plaintiff took the note without notice, and in good faith, had not been determined in the court below, and consequently we remanded the cause for a new trial. A later examination of the record, however, discloses that in this we were in error, and for that reason we have granted a rehearing.
At the close of the case each party moved for an instructed verdict in his favor, the defendant specially submitting the case on the “basis of all evidence.” This necessarily submitted to the…
2Cases cited23 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Murray v. LardnerSupreme Court of the United States · 1865
- Goodman v. SimondsSupreme Court of the United States · 1858
- Cromwell v. County of SacSupreme Court of the United States · 1878
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