ALBUQUERQUE NAT. BANK v. CLIFFORD INDUSTRIES

No. 11315.

571 P.2d 1181 (1977)

ALBUQUERQUE NATIONAL BANK, a National Banking Association, Plaintiff-Appellee, v. CLIFFORD INDUSTRIES, INC., a New Mexico Corporation, Clifford L. Ellard and Bruce Lipes, Defendants-Appellants.

Supreme Court of New Mexico.

December 5, 1977.


Attorney(s) appearing for the Case

Toulouse, Krehbiel & DeLayo, James R. Toulouse, Albuquerque, for defendants-appellants.

Modrall, Sperling, Roehl, Harris & Sisk, Peter J. Adang, Albuquerque, for plaintiff-appellee.


OPINION

FEDERICI, Justice.

This action was brought by Albuquerque National Bank (appellee) in the District Court of Bernalillo County, to recover payment made on an overdraft. The overdraft resulted from a check drawn by Clifford Ellard (appellant) on the Clifford Industries, Inc. account at the appellee bank. The suit was brought against Clifford Industries, Inc., Clifford Ellard and Bruce Lipes. Bruce Lipes was removed from the litigation when the district...

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