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FIRST STATE BANK AT GALLUP v. CLARK

No. 11338.

570 P.2d 1144 (1977)

91 N.M. 117

FIRST STATE BANK AT GALLUP, a New Mexico Corporation, Plaintiff-Appellee, v. R.C. CLARK, Defendant-Appellee, v. M.S. HORNE, Defendant-Appellant, Third-Party Plaintiff and Cross-Claimant, v. Harlow L. Jones, Third-Party Defendant-Appellee, v. R.C. CLARK, Cross-Defendant.

Supreme Court of New Mexico.

November 3, 1977.

Attorney(s) appearing for the Case

Threet, Threet, Glass, King & Maxwell, David W. King, Albuquerque, for appellant.

Glascock, McKim & Head, William W. Head, Jr., Gallup, for appellees.

OPINION

EASLEY, Justice.

First State Bank of Gallup (First State), Plaintiff-Appellee sued M.S. Horne (Horne), Defendant-Appellant on a promissory note. The trial court granted summary judgment against defendant and we affirm.

Facts

Horne had executed a $100,000 note in favor of R.C. Clark which contained a restriction that the note could not be transferred, pledged or assigned without the written consent of Horne. As part of the...

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