Legal Opinion
Melson v. Bank of New Mexico
New Mexico Supreme Court
Decided December 2, 1958No. 6432PublishedCited by 10 opinions
1Opinion of the Court
SHILLINGLAW, Justice.
The question before us is whether a bank can apply the deposits in the account of a debtor to the payment of his matured indebtedness where that indebtedness is secured under terms of a conditional sales contract. For the reasons hereafter stated, we hold that it can not.
On June 12, 1957, the plaintiff Jack Melson, appellee here, purchased a food freezer from Admiral Food Service. He made a small cash payment and signed a conditional sales contract by which he agreed to pay the balance in 24 monthly installments beginning in August. Under terms of the contract, title…
2Cases cited7 opinions
- Forastiere v. Springfield Institution For SavingsMassachusetts Supreme Judicial Court · 1939
- Kress v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Kress v. Central Trust CompanyNew York Court of Appeals · 1936
- Southwest National Bank v. EvansSupreme Court of Oklahoma · 1923
- Kress v. Central Trust Co.New York Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jensen v. State Bank of AllisonCourt of Appeals for the Eighth Circuit · 1975
- Nietzel v. Farmers & Merchants State BankSupreme Court of Minnesota · 1976
- Merchant v. WorleyNew Mexico Court of Appeals · 1969
- Joler v. Depositors Trust CompanySupreme Judicial Court of Maine · 1973
- Valley National Bank of Arizona v. HasperCourt of Appeals of Arizona · 1967
5 more not listed; retrieve them via the Exa API.