[Download] "Evans Financial Corp. V. Strasser" by New Mexico Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Evans Financial Corp. V. Strasser
- Author : New Mexico Supreme Court
- Release Date : January 16, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The issue presented in this case arose in the following manner. Plaintiff-Appellee and Counter-Defendant Evans Financial Corporation (Evans) sought to foreclose two mortgages and to recover on three promissory notes. The parties agree that the complaint sought relief under the equity jurisdiction of the trial court and no jury trial issue arose at that point. Defendants-Appellants and Counter-Plaintiffs Strasser and Paiz (Strasser and Paiz) filed an answer and counterclaim. At the same time Strasser and Paiz filed a third-party complaint against Evans Products Company and its division, Capp Homes. The third-party complaint alleged that these third-party defendants were affiliated with Evans Financial Corporation and that "an agency relationship existed between them during this transaction." Three days later Strasser and Paiz also moved that the third-party defendants be joined as parties to the action. Evans then moved to dismiss portions of the counterclaim and moved for a more definite statement as to portions of both the answer and counterclaim. The parties later agreed to dismiss the third-party complaint. Evans Products Company and Capp Homes were then added as counter-defendants. See N.M.R. Civ. P. 13(h) and 19, N.M.S.A. 1978 (Repl. Pamp. 1980). Thereafter, Strasser and Paiz were permitted to file an amended counterclaim.