FIRST NATIONAL BANK OF DENVER v. ULIBARRI

No. 76-205.

557 P.2d 1221 (1976)

The FIRST NATIONAL BANK OF DENVER, a National Banking Association, Plaintiff-Appellee, v. Herman G. ULIBARRI d/b/a Herman's Jewelers, Defendant-Appellant, and Russell Wagner, Defendant.

Colorado Court of Appeals, Div. I.

December 9, 1976.


Attorney(s) appearing for the Case

Robinson & Westman, Denis J. Blanck, Denver, for plaintiff-appellee.

Davies & Saint-Veltri, Stuart A. Kritzer, Denver, for defendant-appellant.

No appearance for defendant Russell Wagner.


Selected for Official Publication.

COYTE, Judge.

Plaintiff bank brought suit to recover on a check made payable to the order of defendant Ulibarri. The check was drawn by one Russell Wagner, who was named a defendant in the trial court but on whom no service was ever obtained and who is not a party to this appeal. The trial court entered judgment in favor of plaintiff in the full amount of the check. We reverse.

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