Allison v. First National Bank in Albuquerque

I do not agree with the reasoning of the majority in deciding the statute of limitations issue. Nor do I agree with the result reached. I would reverse the trial court on the basis that the statute of limitations had run.

A. Disagreement with the majority opinion.

The majority premise is that there is no difference between a draft, a cashier’s check, a certificate of deposit or a certified check. Such a view is too broad because it fails to consider the issue requiring a comparison of those documents and fails to consider statutory provisions which deal with those documents. To say that each…