MAJOR OIL DEVELOP. CO. v. FIRST NAT. BANK, ALBUQUERQUE

No. 7583.

402 P.2d 160 (1965)

75 N.M. 179

MAJOR OIL DEVELOPMENT COMPANY, Plaintiff-Appellant, v. FIRST NATIONAL BANK, ALBUQUERQUE, New Mexico, Defendant-Appellee.

Supreme Court of New Mexico.

May 17, 1965.


Attorney(s) appearing for the Case

Dale B. Dilts, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, John P. Eastham, Duane C. Gilkey, Albuquerque, for appellee.


CARMODY, Chief Justice.

The basic question for our decision is whether striking out the name of one of two payees on a check is a forgery within the contemplation of our statute (§ 48-10-8, N.M.S.A. 1953).

The above statute provided for a six-months limitation on bank liability in cases of "a forged or raised check." This section has since been repealed by the Uniform Commercial Code (see particularly § 50A-4-406, N.M.S.A. 1953). The check in question...

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