Legal Opinion · Dissent

American Bank of Commerce v. M & G Builders, Ltd.

New Mexico Supreme Court

Decided October 23, 1978No. 11727Published

1DissentEasley, Justice

The implications of the rule contained in the majority opinion extend far beyond this dispute. It will have a statewide impact on present practices in banking, contracting and other businesses.

The Coachman letter to ABC simply said “funds * * * will be paid to Sunland * * * per subcontract agreement dated March 4,1976 * * * by checks * * * to Sunland * * * and American Bank * * * This assignment of funds is made at the request of Wayne H. Gribble, President of Sunland * * * ” (Emphasis added.)

Does this mean that only when the funds become due to Sunland, under the terms of the contract, they…

2Cases cited8 opinions

  1. Lowry & Co. v. S.S. Le Moyne D'IbervilleDistrict Court, S.D. New York · 1966
  2. Sierra Blanca Sales Co., Inc. v. Newco Industries, Inc.New Mexico Court of Appeals · 1972
  3. Owen v. Burn Construction Co.New Mexico Supreme Court · 1977
  4. Turner v. WexlerCourt of Appeals of Washington · 1975
  5. In Re Will of CarsonNew Mexico Supreme Court · 1974

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