Fidelity National Bank v. Tommy L. Goff Inc. - New Mexico Supreme Court

Fidelity National Bank v. Tommy L. Goff Inc.

By New Mexico Supreme Court

  • Release Date - Published: 1978-09-14
  • Book Genre: Law
  • Author: New Mexico Supreme Court
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Fidelity National Bank v. Tommy L. Goff Inc. New Mexico Supreme Court read online review & book description:

The second amended answer to the complaint denied generally the allegations of the complaint and raised twelve affirmative defenses. Appellants affirmative defenses were brief statements of the following theories under which his liability as guarantor of the notes might be avoided: (1) fraud in the inducement; (2) failure of a condition precedent; (3) failure of consideration; (4) no actual reliance on the guaranty; (5) lack of consideration; (6) unconscionability of the guaranty; (7) fraud in the factum; (8) negligent extension of credit with consequent unenforceability of the guaranty; (9) alteration of the terms of the principal obligation with consequent discharge of appellant as guarantor; (10) failure to enforce certain security agreements with consequent discharge of appellant as guarantor; (11) premature acceleration of the principal obligation with consequent discharge of appellant as guarantor; (12) discharge of appellant as guarantor pursuant to terms of the guaranty itself. No factual amplification of any of these defenses was made in the answer.

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