Legal Opinion

Martinez v. Floersheim Mercantile Co.

New Mexico Supreme Court

Decided July 20, 1921No. 2459PublishedCited by 7 opinions

Appeal from District Court, Colfax County; Leib, Judge. Action by Cleofas R. Martinez against the Floer-sheim Mercantile Company and another. From a judgment for defendants, plaintiff appeals.

1Opinion of the Court

OPINION OF THE COURT.

RAYNOLDS. J.

On October 5, 1912, Jesus M. Martinez sold to the Floersheim Mercantile Company certain sheep, which were infected with a contagious disease known as scabies, and the controversy which resulted from the loss occasioned to the Floersheim Company was settled by a note being given by Martinez to the said company on November 19, 1912, for the sum of $1,321, to be paid in six months. This note was not paid at maturity, and suit was brought upon it; the defendant, Martinez, in his answer setting up that the note was obtained by fraud and duress. The case was tried…

2Cases cited1 opinion

  1. Gebby v. CarrilloNew Mexico Supreme Court · 1918

3Cited by7 opinions

  1. Medler v. HenryNew Mexico Supreme Court · 1940
  2. Cardenas v. OrtizNew Mexico Supreme Court · 1924
  3. Trigg v. TriggNew Mexico Supreme Court · 1933
  4. Ortega v. OrtegaNew Mexico Supreme Court · 1928
  5. Weeks v. BaileyNew Mexico Supreme Court · 1927

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