Legal Opinion

Coler v. Board of County Commissioners

New Mexico Supreme Court

Decided August 12, 1891No. 418PublishedCited by 2 opinions

Appeal, from a .judgment in favor of plaintiff, from the First Judicial District Court, Santa Fe county. Freeman, J., dissenting. The facts are stated in the opinion of the court. Upon the declaration in this case, the question of the negotiability and negotiation of the coupons relied on is wholly immaterial. The plaintiff declared upon promises independent of and which were evidenced only by the coupons.

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Appeal, from a .judgment in favor of plaintiff, from the First Judicial District Court, Santa Fe county. Freeman, J., dissenting. The facts are stated in the opinion of the court. Upon the declaration in this case, the question of the negotiability and negotiation of the coupons relied on is wholly immaterial. The plaintiff declared upon promises independent of and which were evidenced only by the coupons. Page v. Bank of Alexandria, 7 Wheat. 35; Hopkins v. Orr, 124 U. S. 513; Throop et al. v. Sherwood, 4 Gilm. (9 111.) 92; Duran v. Bogers, 71 111. 121; Hopper v. Covington, 118 Ú. S. 151;…

1Opinion of the CourtMcFie, J.

This was a suit to recover the amount of overdue interest coupons on bonds issued by the appellant in aid of railroads. On the thirty-first of 'December, 1887, plantiff filed in the district court in and for Santa Fe county a declaration containing ten counts. Nine of the ten counts were special counts in substantially the same language, and setting forth that the cause of action arose upon a large number of interest coupons, the different numbers and amounts being set forth in the several special counts, copies of the interest coupons being attached to and filed with the declaration. A…

2Cases cited28 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
  3. Murray v. LardnerSupreme Court of the United States · 1865
  4. Cromwell v. County of SacSupreme Court of the United States · 1878
  5. Dixon County v. FieldSupreme Court of the United States · 1884

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3Cited by2 opinions

  1. Henning v. Town of Hot SpringsNew Mexico Supreme Court · 1939
  2. Dexter v. Lakeshore City Sanitation DistrictNew Mexico Supreme Court · 1971

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