DRAKE v. RUECKHAUS

No. 6646.

360 P.2d 395 (1961)

68 N.M. 209

Harold J. DRAKE, Plaintiff-Appellant, v. Melvin D. RUECKHAUS, Ped S. Watkins and Catorce Corporation, Defendants-Appellees.

Supreme Court of New Mexico.

March 15, 1961.


Attorney(s) appearing for the Case

Adams, Foley & Calkins, Albuquerque, for appellant.

Botts, Botts & Mauney, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for appellees.


CARMODY, Justice.

Appellant, plaintiff below, seeks to reverse the trial court's dismissal of his complaint, which sought damages for an alleged breach of a claimed trust relationship.

The actual questions for decision are: (1) Whether appellees occupied a position of trust, and, if so, whether the same was breached; (2) was appellant entitled to a jury trial; and (3) should the trial court have ordered the corporate appellee to exchange certain stock certificates...

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