Bays v. Albuquerque Nat. Bank

OPINION OF THE COURT

BICKLEY, C. J.

Appellee deposited two checks drawn by him in favor of appellant, which were credited to appellee’s account. The checks were presented to the Fort Sumner State Bank, upon which they were drawn, and by the said bank accepted, marked paid, and the amounts thereof charged to the account of appellee; the checks being returned to appellee. The appellee had, at 'the time of the acceptance of said checks, sufficient funds in said drawee bank to more than cover said checks. Later appellant deducted the amount of said checks from appellee’s account in appellant bank.…