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PEREA v. FIRST STATE BANK

No. 870.

503 P.2d 150 (1972)

84 N.M. 326

Josie PEREA, Plaintiff-Appellee, v. FIRST STATE BANK et al., Defendants-Appellants.

Court of Appeals of New Mexico.

October 27, 1972.

Attorney(s) appearing for the Case

John B. Tittmann, Keleher & McLeod, Albuquerque, for appellants.

J.E. Casados, Robert H. McBride, Casados & McBride, Albuquerque, for appellee.

OPINION

SUTIN, Judge.

Mrs. Perea recovered damages for libel per se. The cause was tried to the court without a jury. Defendants appeal.

We reverse.

On September 15, 1969, Mrs. Perea handed a check in the sum of $44.40 to Stella, the bank teller, to make a loan payment of $36.05. Stella gave her back $108.35, consisting of five $20 bills, one $5.00 bill, three $1.00 bills, and change. By habit, Mrs. Perea put the money and receipt in her...

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