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CADLE COMPANY, INC. v. WALLACH CONCRETE, INC.

No. 22164.

897 P.2d 1104 (1995)

120 N.M. 56

The CADLE COMPANY, INC., an Ohio corporation, Plaintiff-Appellant, v. WALLACH CONCRETE, INC., Defendant-Appellee and Third-Party Plaintiff, v. Pete GARZA, d/b/a Pete Garza Construction, Third-Party Defendant.

Supreme Court of New Mexico.

May 31, 1995.

Attorney(s) appearing for the Case

Cynthia A. Fry, Albuquerque, Templeman and Crutchfield, C. Barry Crutchfield, Lovington, for appellant.

Gary Don Reagan, P.A., Mark Terrence Sanchez, R.E. Richards, P.A., R.E. Richards, Hobbs, for appellee.

OPINION

BACA, Chief Justice.

Appellant The Cadle Company, Inc. (Cadle) appeals from a judgment entered in favor of Appellee Wallach Concrete, Inc. (Wallach), concluding Cadle was not a holder in due course and therefore was subject to the defenses asserted by Wallach against collection on a promissory note. We address the following issues on appeal: (1) Whether the trial court erred in concluding Cadle did not qualify as a holder in due course of...

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