Medler v. Childers

Citations

• 17 N.M. 530
• 131 P. 490

Syllabus

<p>SYLLABUS (BY THE COURT].</p> <p>1. The holder of collateral paper may sue and recover upon it of the maker, without regard to any defense which the pledgor has upon the debt for which the paper was-, pledged as security, unless the maker is deprived of some equitable defense which he might have against the payee.</p> <p>2. The assignment of any particular claim is considered, as an equitable assignment of all securities held by the assignor to assure it.</p> <p>3. The question of the joinder of inconsistent causes of action must be raised in the lower court, and if no't so raised this court will not consider the question on appeal.</p>