MORGAN v. FIRST NATIONAL BANK IN ALBUQUERQUE

No. 5805.

276 P.2d 504 (1954)

58 N.M. 730

Mrs. B. F. MORGAN, Plaintiff-Appellant, v. FIRST NATIONAL BANK IN ALBUQUERQUE, DEFENDANT-APPELLEE.

Supreme Court of New Mexico.

November 9, 1954.


Attorney(s) appearing for the Case

John P. Dwyer, Richard M. Krannawitter, Albuquerque, Joseph H. Morgan, Phoenix, Ariz., for appellant.

Iden & Johnson, Albuquerque, for appellee.


SEYMOUR, Justice.

The trial court granted a motion for summary judgment and dismissed appellant's cause of action on the doctrine of damnum absque injuria. Because of the extraordinary facts of this case, it is one probably of both first and last impression.

The facts admitted for purpose of this decision are: On December 3, 1952, appellant executed and delivered to one E.H. Martin a check in her own handwriting for...

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