Ruby v. Talbott
New Mexico Supreme Court
Appeal, from a judgment in favor of the defendant indorser, from the the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. Defendant Talbott was a joint maker of the note, and the defendant Randall was his agent to fill up and deliver the note. Goodman v. Simonds, 20 How. 462; Bank v. Neal, Id. 351; Good v. Martin, 95 N. S. 95; Samson v. Thornton, 37 Am.
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Appeal, from a judgment in favor of the defendant indorser, from the the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. Defendant Talbott was a joint maker of the note, and the defendant Randall was his agent to fill up and deliver the note. Goodman v. Simonds, 20 How. 462; Bank v. Neal, Id. 351; Good v. Martin, 95 N. S. 95; Samson v. Thornton, 37 Am. Dec. 135; Stony v. Beaubeau, 39 Id. 128. The alteration having been made innocently and by mistake, equity has jurisdiction, under the admitted circumstances, to restore the instrument to its…
1Opinion of the CourtReeves, J.
On the twenty-sixth day of September, 1885, Frank Buby brought his bill of complaint against William E. Talbott, and John William Bandall and Teresa M. Randall, defendants. The bill alleges that the complainant loaned to John William Randall the sum of $1,500, and in consideration of the loan, and as evidence of the indebtedness, the defendant executed and delivered to one Mariano Armijo, in trust for the 'complainant his promissory note hereinafter described. Prior to the execution and delivery of the note the defendant William E. Talbott, indorsed his signature and name upon the back of the…
Also in this document: Concurrence.
2Cases cited21 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Wood v. SteeleSupreme Court of the United States · 1867
- Waring v. SmythNew York Court of Chancery · 1847
- Vogle v. RipperIllinois Supreme Court · 1864
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3Cited by3 opinions
- FIRST NAT. BANK IN ALBUQUERQUE v. AbrahamNew Mexico Supreme Court · 1982
- Wood v. EmingerNew Mexico Supreme Court · 1940
- Mosley v. Magnolia Petroleum Co.New Mexico Supreme Court · 1941