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ALLIED BUILDING CREDITS, INC. v. KOFF

No. 7047.

373 P.2d 914 (1962)

70 N.M. 343

ALLIED BUILDING CREDITS, INC., Plaintiff-Appellant, v. Alan KOFF, d/b/a Southwest Supply Company, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied August 23, 1962.

Attorney(s) appearing for the Case

R. Deane Moyer, Albuquerque, for appellant.

LaFel E. Oman, Garnett R. Burks, Jr., Las Cruces, for appellee.

COMPTON, Chief Justice.

The question presented by this appeal is whether the action was rightly terminated by a summary judgment of dismissal.

The action is one to recover the balance allegedly due on a promissory note in the principal sum of $4,129.92, executed by Harold Kotzker and Minnie Kotzker, his wife, made payable to Southwest Supply Company and endorsed to the appellant. The endorsement reads:

"Without recourse pay to the order of Allied...

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