Morgan v. First National Bank in Albuquerque

SEYMOUR, Justice.

The trial court granted a motion for summary judgment and dismissed appellant’s cause of action on the doctrine of damnum absque injuria. Because of the extraordinary facts of this case, it is one probably of both first and last impression.

The facts admitted for purpose of this decision are: On December 3, 1952, appellant executed and delivered to one E. H. Martin a check in her own handwriting for the sum of $16,117, payable to E. H. Martin and Company, and carrying on its face a notation, “For Purchase 100 A. T. & T. Outright.” The check was drawn on the appellee, First…