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MAULSBY v. MAGNUSON

No. 16834.

755 P.2d 67 (1988)

107 N.M. 223

David Lee MAULSBY, Plaintiff-Appellee, v. Chase V. MAGNUSON and Mary F. Magnuson, Defendants-Appellants, v. H. Griffin PICKARD, Jr., Carolyn J. Pickard, A. Lee Straughan and Rosemary Straughan, Third-Party Defendants.

Supreme Court of New Mexico.

June 3, 1988.

Attorney(s) appearing for the Case

Fairfield, Farrow, Hunt, Reecer & Strotz, P.C., John E. Farrow, Albuquerque, for defendants-appellants.

Calvin Hyer, Jr., Albuquerque, for plaintiff-appellee.

OPINION

STOWERS, Justice.

SYNOPSIS

David Lee Maulsby, plaintiff-appellee, filed a complaint against Chase V. and Mary F. Magnuson, defendants-appellants, to recover a one-third share of money due on a promissory note signed by the Magnusons, A. Lee and Rosemarie Straughan and H. Griffin and Carolyn J. Pickard, Jr. The Magnusons answered raising several affirmative defenses and denied obligation under the note. Both parties motioned for summary judgment...

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