Allison v. First National Bank in Albuquerque
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Judge.
The defendant appeals from a judgment and plaintiff cross-appeals.
The sole question on defendant’s appeal is: When does the period of limitation begin to run on a cashier’s check? If a cause of action does not accrue against a bank until demand for payment is made, then the defendant’s action is within the period of limitation since the demand did not occur until 1968 and suit was filed in 1970. On the other hand, if a cause of action accrues immediately upon issuance of the cashier’s check or within a reasonable period of time after issue, then the period of limitation…
Also in this document: Concurrence.
2Cases cited19 opinions
- Loucks v. Albuquerque National BankNew Mexico Supreme Court · 1966
- Nat. Newark & Essex Bank v. GiordanoNew Jersey Superior Court Appellate Division · 1970
- American Fletcher National Bank v. FlickIndiana Court of Appeals · 1969
- Middlekauff v. State Banking BoardTexas Supreme Court · 1922
- Cochrane v. Florida East Coast Railway Co.Supreme Court of Florida · 1932
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3Cited by7 opinions
- Yacht Club Sales & Service, Inc. v. First National BankIdaho Supreme Court · 1980
- Santos v. First Nat'l State Bk. of NJNew Jersey Superior Court Appellate Division · 1982
- Landrum v. Security Nat. Bank of RoswellNew Mexico Court of Appeals · 1986
- Bankers Trust of South Carolina v. South Carolina National BankCourt of Appeals of South Carolina · 1985
- FIRST NATIONAL BANK IN ALBUQUERQUE v. AllisonNew Mexico Supreme Court · 1973
2 more not listed; retrieve them via the Exa API.