WESTERN SURETY COMPANY v. REED

No. 8695.

447 P.2d 672 (1968)

WESTERN SURETY COMPANY, a corporation, Plaintiff-Appellee, v. Paul D. REED, Defendant-Appellant.

Supreme Court of New Mexico.

December 9, 1968.


Attorney(s) appearing for the Case

Sheehan, Duhigg, Smith, & Cronin, Albuquerque, for appellant.

Keleher & McLeod, Ranne B. Miller, Albuquerque, for appellee.


OPINION

COMPTON, Justice.

The question presented is whether appellant's failure to pay to the County of Bernalillo monthly remittance due from his office as Justice of the Peace as provided by § 36-19-24, N.M.S.A. 1953, constituted an act of defalcation and thereby created a debt not dischargeable in bankruptcy.

The facts in the case are not controverted. A complaint was filed by the County of Bernalillo in Small Claims Court against the appellant...

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