Gallegos v. Espinoza
New Mexico Court of Appeals
1Opinion of the Court
OPINION
BOSSON, Chief Judge.
{1} A general contractor on a public works project owes payments to its subcontractor who, in turn, owes money to various suppliers. The subcontractor also owes an unrelated debt on a judgment. The judgment creditor obtains a writ of garnishment against the general contractor demanding that, instead of paying the subcontractor, it pay the judgment creditor. We discuss the circumstances under which the garnishee-general contractor may raise defenses against the garnishor-judgment creditor that the garnishee had under its contract with the subcontractor, whose unpaid…
2Cases cited26 opinions
- Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
- Hale v. Basin Motor Co.New Mexico Supreme Court · 1990
- Schmick v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1985
- Kirkpatrick v. Introspect Healthcare Corp.New Mexico Supreme Court · 1992
- In Re Goldsworthy's EstateNew Mexico Supreme Court · 1941
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3Cited by2 opinions
- Kirby v. Guardian Life Insurance Co. of AmericaNew Mexico Supreme Court · 2010
- Cochrell v. MitchellNew Mexico Court of Appeals · 2003