Legal Opinion
Heffern v. First Interstate Bank
New Mexico Court of Appeals
Decided March 1, 1983No. 5909PublishedCited by 9 opinions
1Opinion of the Court
OPINION
NEAL, Judge.
This case deals with our compulsory counterclaim rule, N.M.R.Civ.P. 13(a), N.M.S.A. 1978 (1980 Repl.Pamph.). The precise issue is whether the plaintiffs’ tort claim against the defendant is a compulsory counterclaim, lost when it was not raised in four prior foreclosure actions. The district court held that plaintiffs’ complaint was a compulsory counterclaim, and dismissed.
We affirm.
Arthur Heffern, president of Sure-Lock Homes, took out several loans from the defendant, First Interstate Bank. These loans were secured by mortgages on construction projects. The loans were not…
2Cases cited16 opinions
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- Pipeliners Local Union No. 798, Tulsa, Oklahoma, and A. Leroy Jones v. Fred H. EllerdCourt of Appeals for the Tenth Circuit · 1974
- Louis J. Martino and McDonald Drive-In of Ottumwa, Iowa, Inc., Plaintiffs v. McDonald System, Inc. And Franchise Realty Interstate CorporationCourt of Appeals for the Seventh Circuit · 1979
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Slide-A-Ride of Las Cruces, Inc. v. Citizens BankNew Mexico Supreme Court · 1987
- Carteret Savings & Loan Association, F.A. v. Dr. Neil D. JacksonCourt of Appeals for the First Circuit · 1987
- Brunacini v. KavanaghNew Mexico Court of Appeals · 1993
- Haberer v. First Bank of South Dakota (NA)South Dakota Supreme Court · 1988
- Walker v. THI of New Mexico at Hobbs CenterDistrict Court, D. New Mexico · 2011
4 more not listed; retrieve them via the Exa API.