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CADLE CO. v. PHILLIPS

No. 15818.

906 P.2d 739 (1995)

120 N.M. 748

The CADLE COMPANY, Plaintiff/Appellant/Cross-Appellee, v. David and Sally PHILLIPS, Defendants/Appellees/Cross-Appellants.

Court of Appeals of New Mexico.

August 21, 1995.

Attorney(s) appearing for the Case

Perry C. Abernethy, Marek & Francis, P.A., Carlsbad, Cynthia A. Fry, Albuquerque, for Plaintiff/Appellant/Cross-Appellee.

Roger E. Yarbro, Yarbro & Associates, Carlsbad, for Defendants/Appellees/Cross-Appellants.

OPINION

WECHSLER, Judge.

Plaintiff, The Cadle Co. (Cadle), sued Defendants, David and Sally Phillips (the Phillipses), in an attempt to recover on a promissory note executed by the Phillipses in favor of Cadle's predecessor in interest, Moncor Bank (the Bank). The trial court ruled against Cadle, and Cadle appeals. The issues raised on appeal are: (1) whether the trial court properly excluded the Bank's file under the business records exception to...

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