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McNUTT OIL & REFINING CO. v. MIMBRES VALLEY BANK

No. 3773.

174 F.2d 311 (1949)

McNUTT OIL & REFINING CO., Inc. v. MIMBRES VALLEY BANK.

United States Court of Appeals Tenth Circuit.

April 23, 1949.

Attorney(s) appearing for the Case

J. D. Weir, of Las Cruces, N. M. (W. C. Whatley and W. B. Darden, both of Las Cruces, N. M., on the brief), for appellant.

J. R. Modrall, of Albuquerque, N. M. (Simms, Modrall, Seymour & Simms and James E. Sperling, all of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

McNutt Oil & Refining Company1 brought this action against Mimbres Valley Bank2 for the alleged conversion of seven checks drawn on the Treasurer of the United States payable to McNutt, aggregating $10,100.35, which were endorsed in the name of McNutt by Forrest T. Davidson, its agent, and deposited and credited to the personal account of Davidson in the Bank. From an adverse judgment...

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