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MERCANTILE BANK & TRUST CO. v. HUNTER

No. 71-382.

501 P.2d 486 (1972)

MERCANTILE BANK & TRUST CO., Plaintiff-Appellee, v. James M. HUNTER, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 29, 1972.

Attorney(s) appearing for the Case

Holme, Roberts & Owen, Donald K. Bain, Denver, for plaintiff-appellee.

Hopkins, Hurth & Yeager, John M. Yeager, Boulder, for defendant-appellant.

Selected for Official Publication.

ENOCH, Judge.

This is an action by plaintiff-appellee Mercantile Bank & Trust Co. (Bank) to recover $37,500 from defendant-appellant James M. Hunter (Hunter) on a check payable to and indorsed by Hunter, deposited with the Bank and subsequently dishonored by payor bank. Summary judgment was granted in favor of Bank and we affirm.

The undisputed facts disclose the following sequence of events. A check, made payable...

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