Stalick v. Wilson
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; H. W. Raynolds, Judge. Action by John Stalick against Francis C.' Wilson, receiver of the Gallup Electric Light Company/ From judgment for plaintiff, defendant appeals. Treasurer -of a corporation has no power to bind the corporation by note signed by him, and when done there is no presumption that the same is the act of the corporation.
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Appeal from District Court, Bernalillo County; H. W. Raynolds, Judge. Action by John Stalick against Francis C.' Wilson, receiver of the Gallup Electric Light Company/ From judgment for plaintiff, defendant appeals. Treasurer -of a corporation has no power to bind the corporation by note signed by him, and when done there is no presumption that the same is the act of the corporation. Sierra Yerde Cattle Co. v. Foster, 7 N. M. 650. Upon appeal from default judgment the sufficiency of complaint is to be. considered as upon demurrer in this court. Dame v. -Cochiti Bed. & Imp. Co., .13 N. M. 10.,…
1Opinion of the Court
OPINION OP THE COURT.'
ROBERTS, C. J.
Appellee sued appellant in-the court below for $165 and interest thereon from July 4, 1903. To the original complaint, appellant interposed a demurrer, whereupon appellee filed an amended complaint which appellant concedes stated a cause of action. Upon demand a bill of particulars was filed by appellee. Thereafter, appellant filed a motion to strike the bill of particulars from the files, and, without standing upon said motion and procuring a ruling thereon, appellant filed an answer denying the material allegations of the amended complaint, and the cause…
2Cases cited1 opinion
- McCoy v. Torrance County Savings BankNew Mexico Supreme Court · 1914
3Cited by6 opinions
- Herrera v. Springer CorporationNew Mexico Court of Appeals · 1973
- In re SummersIndiana Court of Appeals · 1922
- Clark v. Queen InsuranceNew Mexico Supreme Court · 1916
- Tietjen v. McCoyNew Mexico Supreme Court · 1918
- McKinley County Abstract & Investment Co. v. ShawNew Mexico Supreme Court · 1925
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