CLOVIS NATIONAL BANK v. THOMAS

No. 7876.

425 P.2d 726 (1967)

The CLOVIS NATIONAL BANK, Clovis, New Mexico, a corporation, Plaintiff-Appellant, v. Harold THOMAS, d/b/a Clovis Cattle Commission Company, Defendant-Appellee.

Supreme Court of New Mexico.

March 27, 1967.


Attorney(s) appearing for the Case

Rowley, Davis, Hammond & Murphy, Clovis, for appellant.

Seth, Montgomery, Federici & Andrews, John G. Jasper, Santa Fe, amicus curiae.

Richard C. Civerolo, H.L. Cushing, Pete V. Domenici, Albuquerque, for appellee.


OPINION

OMAN, Judge, Court of Appeals.

This is a suit by plaintiff-appellant for alleged conversion of cattle by defendant-appellee. The parties operate their respective businesses in Clovis, Curry County, New Mexico, and will be referred to as plaintiff and defendant.

In its capacity as a bank, plaintiff, on March 27, 1963, loaned the sum of $8,800 to a Mr. W.D. Bunch. To evidence and secure the indebtedness he gave plaintiff a promissory note and...

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