ENGINE PARTS v. CITIZENS BANK OF CLOVIS

Nos. 11738, 11740.

582 P.2d 809 (1978)

92 N.M. 37

ENGINE PARTS, INC., Petitioner, v. The CITIZENS BANK OF CLOVIS and the Citizens State Bank of Albuquerque, Respondents. CITIZENS STATE BANK OF ALBUQUERQUE, New Mexico, Petitioner, v. CITIZENS BANK OF CLOVIS and Engine Parts, Inc., Respondents.

Supreme Court of New Mexico.

As Amended June 8, 1978.


Attorney(s) appearing for the Case

Keleher & McLeod, Charles A. Pharris, Robert H. Clark, Albuquerque, for petitioner in No. 11738.

Dickson & Dubois, Frank P. Dickson, Jr., John F. Caffrey, Albuquerque, for petitioner in No. 11740.

Charles C. Spann, Dickson & Dubois, Frank P. Dickson, Jr., John F. Caffrey, Albuquerque, Lynell C. Skarda, Clovis, for respondents in No. 11738.

Keleher & McLeod, Charles A. Pharris, Robert H. Clark, Charles C. Spann, Albuquerque, Lynell C. Skarda, Clovis, for respondents in No. 11740.


OPINION

EASLEY, Justice.

Appellant, Engine Parts, seeks to recover $17,370.00 either from Citizens Bank of Clovis (Clovis Bank) or alternatively from Citizens Bank of Albuquerque (Albuquerque Bank). The trial court entered judgment in favor of Engine Parts against the Clovis Bank and dismissed its action against the Albuquerque Bank. The Court of Appeals reversed. We affirm in part and reverse in part.

K & W Enterprises, Inc., purchased twenty...

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