WESTERN COMMERCE BANK v. GILLESPIE

No. 18089.

775 P.2d 737 (1989)

108 N.M. 535

WESTERN COMMERCE BANK, formerly known as Commerce Bank and Trust, a New Mexico banking corporation, Plaintiff-Appellant, v. Sylvian E. GILLESPIE, Senior Vice-President and Trust Officer of United New Mexico Bank at Roswell, et al., Defendants-Appellees. and WASHINGTON RANCH, LTD., a limited partnership, et al., Plaintiffs-Appellees, v. WESTERN COMMERCE BANK, Defendant-Appellant, v. Sylvian E. GILLESPIE, Senior Vice-President and Trust Officer of United New Mexico Bank at Roswell, et al., Third-Party-Defendants-Appellees.

Supreme Court of New Mexico.

June 28, 1989.


Attorney(s) appearing for the Case

Franklin, Abernethy & Hughes, Perry C. Abernethy, Albuquerque, for plaintiff-appellant.

Hinkle, Cox, Eaton, Coffield & Hensley, Richard E. Olson, Albert L. Pitts, Rebecca N. Johnson, Roswell, for plaintiffs-appellees Washington & Miller.

Maddox, Renfrow & Saunders, James P. Saunders, Jr., John Paul Weber, Hobbs, for defendant-appellee United NM Bank at Roswell.


OPINION

RANSOM, Justice.

Western Commerce Bank appeals from an order enforcing an agreement in settlement of the claim of Western as a creditor of the Miller estates. Because Western had failed to file its claim within the time limitations under the probate code, the personal representatives had refused to pay the claim. Relying upon defects in the published notice to creditors, Western sued the personal representatives and heirs on unpaid promissory notes...

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