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ALLISON v. FIRST NATIONAL BANK IN ALBUQUERQUE

No. 1110.

511 P.2d 769 (1973)

85 N.M. 283

Donald K. ALLISON, Plaintiff-Appellee, Cross-Appellant, v. FIRST NATIONAL BANK IN ALBUQUERQUE, Defendant-Appellant, Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted July 9, 1973.

Attorney(s) appearing for the Case

Robert M. St. John, Rex D. Throckmorton, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for appellant.

Dale Walker, Peter Gallagher, Gallagher & Walker, Albuquerque for appellee.

OPINION

SUTIN, Judge.

The defendant appeals from a judgment and plaintiff cross-appeals.

The sole question on defendant's appeal is: When does the period of limitation begin to run on a cashier's check? If a cause of action does not accrue against a bank until demand for payment is made, then the defendant's action is within the period of limitation since the demand did not occur until 1968 and suit was...

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