[DOWNLOAD] "John Q. Hammons and Juanita Hammons V." by Supreme Court of New Mexico # eBook PDF Kindle ePub Free

eBook details

Title: John Q. Hammons and Juanita Hammons V.
Author : Supreme Court of New Mexico
Release Date : January 25, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Mrs. Carolyn Ehney appeals a judgment for equitable contribution against her. We hold that (1) a claim for contribution by a codebtor may be tried in equity over the defendants objection, (2) a litigant does not have a right to findings of fact and Conclusions of law in a court-tried case, unless clearly and unequivocally requested, (3) there was sufficient evidence for the trial court to have found the guaranty was relied on and supported by sufficient consideration, (4) any claim Mrs. Ehney might have against Metro North State Bank based on the Equal Credit Opportunity Act is not attributable to the Hammonses and does not void her guaranty or negate her liability for equitable contribution, and (5) a guarantor is liable for only a pro rata proportion of the common debt. We affirm the trial courts judgment as modified in Section VI.