(Download) "General Acceptance Corp. v. Hollis" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: General Acceptance Corp. v. Hollis
- Author : New Mexico Supreme Court
- Release Date : January 15, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiff-appellee brought suit against defendants-appellants seeking judgment for the unpaid balance of a promissory note, together with interest and attorney fees. Defendants immediately filed what is denominated a "Motion for Summary Judgment." The motion was denied by the court. Thereupon, plaintiff filed its amended complaint, and defendants filed a "First Amended and Supplemental Answers to Amended Complaint," together with a "First Amended and Supplemental Counterclaim." Plaintiff then filed "Motion for Summary Judgment and Reply to Counterclaim." This pleading also contains motions to strike certain portions of defendants pleading, asserts that the amended answer fails to state defenses, and that the counterclaim fails to state claims upon which relief can be granted. After a hearing, the court struck the affirmative defenses, dismissed defendants counterclaims and determined that plaintiff was entitled to judgment, with the issue as to the amount due and owing remaining to be established upon proof. The parties thereupon stipulated as to the amount which had been paid on the note, and judgment in favor of plaintiff was entered accordingly. Defendants appeal, and here advance three points relied on for reversal.
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