Bank of Commerce v. Broyles
New Mexico Supreme Court
Appeal from the District Court for Socorro County before Frank W. Parker, Associate Justice. The contract of suretyship is a contract whereby one person engages to be answerable for the debt, default or miscarriage of another. 27- Enc. 431; Smith v. Sheldon, 24 Am. Bep. 533; McGee v. Manhattan Life Insurance Co., 92 IJ. S. 93; Griswold v. Hazard, 141 TJ. S. 260; 1 Story Eq.
Read the full summary
Appeal from the District Court for Socorro County before Frank W. Parker, Associate Justice. The contract of suretyship is a contract whereby one person engages to be answerable for the debt, default or miscarriage of another. 27- Enc. 431; Smith v. Sheldon, 24 Am. Bep. 533; McGee v. Manhattan Life Insurance Co., 92 IJ. S. 93; Griswold v. Hazard, 141 TJ. S. 260; 1 Story Eq. Jur., secs 234, 215; Franklin Bank v. Cooper, 3G Me. 180, 196 ; Smith v. Bank of Scotland, I Dow. 272, 292; Bailton v. Matthews, 10 Clark & F. 934, 943; Small v. Currie, 2 Drew. 102, 114; Phillips v. Foxall, L. B. 7 Q. B.…
1Opinion of the Court
OPINION OF THE COURT.
POPE, J.
1 (After making the foregoing statement of fact.). The chief assignment of error is that there was an issue of fact which the court should have sent to the jury. At the outset we are met by the contention of appellee that this alleged error of the court in withdrawing the case from the jury cannot be considered because both sides requested a peremptory instruction and must therefore bo considered as having stipulated that there was no issue of fact for the jury. The record upon this point, as above partially indicated, shows that upon the close of the testimony…
2Cases cited13 opinions
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Minahan v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1905
- Marriner v. DennisonCalifornia Supreme Court · 1889
- McGuire v. BlountSupreme Court of the United States · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Clifton v. TombCourt of Appeals for the Fourth Circuit · 1927
- Garcia v. CoffmanNew Mexico Court of Appeals · 1997
- Pitner v. LoyaNew Mexico Supreme Court · 1960
- State v. GriffinNew Mexico Court of Appeals · 1983
- Dungan v. SmithNew Mexico Supreme Court · 1966
3 more not listed; retrieve them via the Exa API.