Legal Opinion · Dissent

McKay v. Farmers & Stockmens Bank of Clayton

New Mexico Court of Appeals

Decided July 11, 1978No. 3146Published

1DissentHernandez, Judge

The defendant bank was entitled to summary judgment as a matter of law. There is nothing in the record to show a lack of good faith by the bank. There are, therefore, simply no inferences which the plaintiffs are entitled to have drawn from the evidence before the court. The defendant has met its burden of showing that there is no reasonable doubt as to whether or not a genuine issue of material fact exists. Goodman v. Brock, 83 N.M. 789, 489 P.2d 676 (1972).

2Cases cited2 opinions

  1. Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
  2. Lowrance v. LowranceNevada Supreme Court · 1971