Luna v. Montoya
New Mexico Supreme Court
Appeal from District Court, Socorro County; M. C. Mechem, Judge. Action by Francisco Luna, administrator of tbe estate of Santos Luna, deceased, against Max H. Montoya. Judgment for plaintiff on findings of fact and conclusions of law, and defendant appeals. If alteration on face of instrument is suspicious tben party producing it has burden of explaining its appearance; if not suspicious the burden is on the opponent to show that alteration was unauthorized. 2 Am. & Eng.
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Appeal from District Court, Socorro County; M. C. Mechem, Judge. Action by Francisco Luna, administrator of tbe estate of Santos Luna, deceased, against Max H. Montoya. Judgment for plaintiff on findings of fact and conclusions of law, and defendant appeals. If alteration on face of instrument is suspicious tben party producing it has burden of explaining its appearance; if not suspicious the burden is on the opponent to show that alteration was unauthorized. 2 Am. & Eng. Enc., 272 to 275; 1 E. C. L., Sec. 77; 2 C. J., Sec. 198; Catlin Coal Co. y. Lloyd, 180 111. 398, 54 N. E. -214. It has…
1Opinion of the Court
OPINION OP THE COURT.
KAYNOLDS, J.
(After stating the facts as above). Two questions are presented by this appeal: First, the ruling of the trial court that the alteration apparent on the face of the writing, raising the amount from $500 to $600, was not of a suspicious character, so as to place the burden of explaining the same upon appellee; and, second, the ruling of the court that the action was not barred by the statute of limitations. The trial court found as follows:
“That saicl instrument on its face shows no erasure or attempted erasure, and that said alteration, so apparent on the face…
2Cases cited3 opinions
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Bank of Commerce v. HarrisonNew Mexico Supreme Court · 1901
- Hart v. SharptonSupreme Court of Alabama · 1899
3Cited by3 opinions
- Fensler v. Sterling, Admr.Ohio Supreme Court · 1937
- Allison v. First National Bank in AlbuquerqueNew Mexico Court of Appeals · 1973
- Allison v. First National Bank in AlbuquerqueNew Mexico Court of Appeals · 1973