Legal Opinion

Valley Bank of Commerce v. Hilburn

New Mexico Court of Appeals

Decided August 5, 2004No. 24,204PublishedCited by 9 opinions

1Opinion of the Court

OPINION

PICKARD, Judge.

{1} Jerry and Lois Hilburn (the Hilburns) executed a continuing guaranty of debts that Western Auto Rentals and Sales, Inc. (WARS) owed to Valley Bank of Commerce (Bank). When WARS defaulted on a $1.4 million loan, Bank negotiated settlements with WARS and the other individuals who had guaranteed the loan. The Hilburns did not participate in the settlement, contending that they were not liable for the debt. Bank sued the Hilburns for breach of contract and damages in the amount of the debt remaining after the settlement. The Hilburns counter-sued under a number of…

2Cases cited20 opinions

  1. Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
  2. Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
  3. Montgomery Ward v. LarragoiteNew Mexico Supreme Court · 1970
  4. Chavez-Rey v. MillerNew Mexico Court of Appeals · 1982
  5. State ex rel. Department of Human Services v. WilliamsNew Mexico Court of Appeals · 1989

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3Cited by9 opinions

  1. Albuquerque Redi-Mix, Inc. v. Scottsdale InsuranceNew Mexico Supreme Court · 2007
  2. Capco Acquisub, Inc. v. Greka Energy CorporationNew Mexico Court of Appeals · 2006
  3. State v. McClaughertyNew Mexico Court of Appeals · 2007
  4. State v. RoybalNew Mexico Court of Appeals · 2006
  5. Chuck McCune and Chuthamard McCuneUnited States Bankruptcy Court, D. New Mexico · 2024

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