(DOWNLOAD) "Green Tree Acceptance Inc. V. Layton" by New Mexico Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Green Tree Acceptance Inc. V. Layton
- Author : New Mexico Supreme Court
- Release Date : January 21, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiff-appellant, Green Tree Acceptance, Inc. (Green Tree), filed its complaint for replevin against defendants-appellees, Albert and Lucille Layton (Laytons), seeking possession of a mobile home owned by the Laytons and over $40,000 alleged to be due under the default provisions of a retail installment sales contract which the Laytons had executed when purchasing the mobile home and which had been assigned by the seller to Green Tree. The Laytons denied the allegations of the complaint and counterclaimed, alleging that Green Tree converted to its own use certain insurance proceeds belonging to the Laytons, and seeking punitive damages in the amount of $25,000. After a two-day trial, the jury found against Green Tree and in favor of the Laytons, awarding $33.75 compensatory and $10,000 punitive damages. The jury reached its verdict after answering no to an interrogatory asking the following question: "Do you find that the defendant*fn1 was in default and failed to cure his default within 30 days of written notice?" In its judgment, the trial court adopted the finding of the jury on the submitted interrogatory and found "that the defendant was not in default under the terms of the retail installment agreement."