Sonora Bank & Trust Co. v. Compania Agricola Del Rio Mayo, S. A.
Arizona Supreme Court
APPEAL, from a judgment of the Superior Court of the County of Santa Cruz. S. L. Pattee, Judge. STATEMENT OE PACTS. Compañía Agrícola del Rio Mayo, S. A., a Mexican corporation, engaged in agricultural business, and hereinafter designated as “the Company,” brought suit in the superior court of Santa Cruz county, Arizona, against the Sonora Bank & Trust Company, a banking corporation, of Nogales, Arizona, hereinafter designated as “the Bank,” for the sum of $150,287.75, in…
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APPEAL, from a judgment of the Superior Court of the County of Santa Cruz. S. L. Pattee, Judge. STATEMENT OE PACTS. Compañía Agrícola del Rio Mayo, S. A., a Mexican corporation, engaged in agricultural business, and hereinafter designated as “the Company,” brought suit in the superior court of Santa Cruz county, Arizona, against the Sonora Bank & Trust Company, a banking corporation, of Nogales, Arizona, hereinafter designated as “the Bank,” for the sum of $150,287.75, in Mexican silver dollars, with interest, or the equivalent in lawful money of the United States. On September 12, 1914, the…
1Opinion of the CourtBaker, J.
(After Stating the Facts as Above.)— The particular question presented for- decision upon this appeal is whether the trial court departed from the well-settled rule that recovery must be had in accordance with the claim made in the complaint, in rendering judgment in behalf of the company for $40,577.69, lawful money of the United States.
It is a primary and fundamental rule in the Code system of pleading* as well as at common law, that the judgment shall be “secundum, allegata et probata.” 9 Cyc. 748. “Any . . . departure from this rule is sure to produce surprise, confusion, and injustice. ”…
2Cases cited9 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Walls v. . BaileyNew York Court of Appeals · 1872
- Robinson v. United StatesSupreme Court of the United States · 1872
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Collender v. . DinsmoreNew York Court of Appeals · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pioneer Constructors v. SymesArizona Supreme Court · 1954
- Thomas v. GonzelasWyoming Supreme Court · 1958
- Yuma County v. Fidelity Title Guaranty Co.Arizona Supreme Court · 1922
- Wallace v. ChappelleArizona Supreme Court · 1935