Legal Opinion

Western Bank of Santa Fe v. Biava

New Mexico Supreme Court

Decided February 23, 1990No. 18388PublishedCited by 15 opinions

1Opinion of the Court

OPINION

MONTGOMERY, Justice.

In Clark Leasing Corp. v. White Sands Forest Products, Inc., 87 N.M. 451, 535 P.2d 1077 (1975), this Court held that the defense of accord and satisfaction could not be asserted by a debtor, in a suit by the creditor to collect an undisputed and liquidated amount, where the debtor claimed that the creditor/secured party had agreed to accept possession of the collateral in full satisfaction of the amount claimed. Raising a similar defense in the present case, the debtor (Biava) resisted the secured party’s (the bank’s) suit on a promissory note secured by the…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
  2. Pharmaseal Laboratories, Inc. v. GoffeNew Mexico Supreme Court · 1977
  3. Koenig v. PerezNew Mexico Supreme Court · 1986
  4. Clark Leasing Corp. v. White Sands Forest Products, Inc.New Mexico Supreme Court · 1975
  5. Galvan v. City of AlbuquerqueNew Mexico Court of Appeals · 1973

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Fleet Mortgage Corp. v. SchusterNew Mexico Supreme Court · 1991
  2. Gutierrez v. Sundancer Indian Jewelry, Inc.New Mexico Court of Appeals · 1993
  3. Bustillos v. Board of County CommissionersDistrict Court, D. New Mexico · 2016
  4. Galef v. Buena Vista DairyNew Mexico Court of Appeals · 1994
  5. Salazar v. City of AlbuquerqueDistrict Court, D. New Mexico · 2011

10 more not listed; retrieve them via the Exa API.

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