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FIRST NAT. BANK IN CLAYTON v. WOOD

No. 3752.

601 P.2d 437 (1979)

93 N.M. 467

FIRST NATIONAL BANK IN CLAYTON, Plaintiff-Appellant, v. Roy M. WOOD, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied September 19, 1979.

Attorney(s) appearing for the Case

Ethan K. Stevens, Clayton, J. Walter Park, IV, David T. Turlington, Davis & Turlington, Inc., San Antonio, Tex., for plaintiff-appellant.

Charles D. Alsup, Clayton, for defendant-appellee.

OPINION

SUTIN, Judge.

Plaintiff (The Bank) sued defendant (Wood) on a written guaranty given by Wood to The Bank to secure a portion of a debt owed to The Bank by Wood's son. The guaranty was in the sum of $20,000. Wood asserted the affirmative defense of coercion and duress exercised by The Bank in obtaining the guaranty and filed counterclaims. At the close of the case, both parties moved for a directed verdict. The court took the motions under advisement...

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