Legal Opinion
Cadle Co. v. Phillips
New Mexico Court of Appeals
Decided August 21, 1995No. 15818PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WECHSLER, Judge.
Plaintiff, The Cadle Co. (Cadle), sued Defendants, David and Sally Phillips (the Phillipses), in an attempt to recover on a promissory note executed by the Phillipses in favor of Cadle’s predecessor in interest, Moncor Bank (the Bank). The trial court ruled against Cadle, and Cadle appeals. The issues raised on appeal are: (1) whether the trial court properly excluded the Bank’s file under the business records exception to the hearsay rule; and (2) whether the Phillipses are estopped from asserting the defense that they fully paid off the promissory note as a result of…
2Cases cited9 opinions
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- United States v. Antonio FrancoCourt of Appeals for the Seventh Circuit · 1989
- State Ex Rel. New Mexico State Highway & Transportation Department v. BacaNew Mexico Supreme Court · 1995
- Kirk Co. v. AshcraftNew Mexico Supreme Court · 1984
- State v. HoeffelNew Mexico Court of Appeals · 1991
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3Cited by3 opinions
- Central SEC. and Alarm Co., Inc. v. MehlerNew Mexico Court of Appeals · 1996
- Aspen Landscaping, Inc. v. Longford Homes of New Mexico, Inc.New Mexico Court of Appeals · 2004
- State ex rel. Children, Youth & Families Department v. Vincent L.New Mexico Court of Appeals · 1998