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GARNER v. VALLEY SAVINGS AND LOAN ASS'N

No. 3407.

580 P.2d 493 (1978)

91 N.M. 725

Richard G. GARNER, Personal Representative of the Estate of Carl A. Garner, Plaintiff-Appellant, v. VALLEY SAVINGS AND LOAN ASSOCIATION, Defendant-Appellee.

Court of Appeals of New Mexico.

May 23, 1978.

Attorney(s) appearing for the Case

Harvey W. Fort, Rosenberg & Fort, Carlsbad, for plaintiff-appellant.

Chad Dickerson, Losee, Carson & Dickerson, P.A., Artesia, for defendant-appellee.

OPINION

WOOD, Chief Judge.

Plaintiff sought recovery of money withdrawn from a savings account. Recovery was sought under two theories: (1) breach of the contract for a joint tenancy savings account, and (2) violation of § 48-15-106(B), N.M.S.A. 1953 (Repl. Vol. 7, Supp. 1975). We discuss each theory. Our jurisdiction is based on the alleged statutory violation. Section 16-7-8(A), N.M.S.A. 1953 (Repl. Vol. 4) and U.J.I. Civil 11.1.

The joint...

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