Rubens v. Costello

UDALL, Chief Justice.

The appellant, Frank S. Rubens, plaintiff below, brought suit against the appellees, Peter Costello and Margaret S. Costello, defendants below, to recover on a check made to appellant by Peter Costello, which check for $500 was allegedly given “in payment of ten participating shares in 98% of all revenue earned from drilling, exploiting or sale of certain oil and gas leases on lands located in Hidalgo County, New Mexico, as shown by that certain ‘Beneficial Trust’ agreement” Defendants stopped payment on the check and this suit resulted. From an adverse judgment the…