Stringfellow v. Petty
New Mexico Supreme Court
Appeal from the District Court for Chaves County, before W. Ii. Pope, Associate Justice. Under the laws of New Mexico an open account can only bear interest at thé rate of six per cent per annum, commencing six months after the delivery -of the last item therein.
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Appeal from the District Court for Chaves County, before W. Ii. Pope, Associate Justice. Under the laws of New Mexico an open account can only bear interest at thé rate of six per cent per annum, commencing six months after the delivery -of the last item therein. Compiled .Laws 1897, Sections 2550 and 2552. Where plaintiff alters note in absence of defendant and without his consent and whore no mistake had been made the alteration is fraudulent and in fact as well as law, a forgery,'and no recovery could be had on its original or its altered terms. Cyc. of Law & Proc., Vol. 2, p. 182,…
1Opinion of the Court
OPINION OP THE COURT.
M’FIE, J.
1 Numerous alleged errors have been assigned in this case, but they all depend upon the determination by this court of one issue only: Whether under the circumstances of this case, the defendant could ratify the act of the secretary of the plaintiff company in making the alteration in the note. The evidence in the case briefly but substantially was, on behalf of toe plaintiff, to the effect that the defendant Pett3r had a running account at the hardware store of the plaintiff corporation, and that this account had accumulated during a considerable period of time…
2Cases cited6 opinions
- Bell v. MahinSupreme Court of Iowa · 1886
- Payne v. LongSupreme Court of Alabama · 1898
- Stewart v. First National BankMichigan Supreme Court · 1879
- Goodspeed v. CutlerIllinois Supreme Court · 1874
- Prouty v. WilsonMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Corcoran v. Albuquerque Traction Co.New Mexico Supreme Court · 1909
- State v. TiptonNew Mexico Supreme Court · 1953
- Eckert v. LewisNew Mexico Supreme Court · 1929