Legal Opinion · Concurrence

Scudder v. Hart

New Mexico Supreme Court

Decided February 1, 1941No. 4585Published

1ConcurrenceSadler, Justice

(specially concurring).

I agree with the conclusion announced in the opinion of Mr. Justice Bickley that the relationship of agency between the owner, Drake, and the mortgagee, Prendergast, no longer existed when the treasurer notified the former of the mistake later discovered in giving what purported to be a correct statement of the amount necessary to clear the property of delinquent taxes. Drake was delegated by Prendergast to inquire of the treasurer the amount of taxes delinquent on the property and to write said amount in the blank check furnished him by Prendergast and deliver same to…

2Cases cited5 opinions

  1. Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
  2. People ex rel. Douvielle v. Board of SupervisorsMichigan Supreme Court · 1879
  3. Damon v. CarmeanNew Mexico Supreme Court · 1940
  4. Moore v. StoneSupreme Court of Iowa · 1875
  5. Bragg v. BambergerIndiana Supreme Court · 1864

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