Cooper v. Bank of New Mexico

423 P.2d 431, 77 N.M. 398
CourtNew Mexico Supreme Court
DecidedNovember 21, 1966
Docket7887
StatusPublished
Cited by14 cases

This text of 423 P.2d 431 (Cooper v. Bank of New Mexico) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cooper v. Bank of New Mexico, 423 P.2d 431, 77 N.M. 398 (N.M. 1966).

Opinions

OPINION

CHAVEZ, Justice.

This case arose from the same factual situation which gave rise to the case of Cooper v. Albuquerque National Bank, 75 N.M. 295, 404 P.2d 125.

Plaintiffs-appellees, as trustees of the New Mexico Pipe Trades Welfare Trust Fund, sued defendant-appellant Bank of New Mexico, alleging that from October 14, 1953, to March 15, 1958, checks drawn payable to appellees in the amount of $14,341.76 were paid by appellant bank upon forged, unauthorized, unlawful, fraudulent or irregular endorsements; that appellees had no knowledge thereof until August 29, 1958, but that appellant knew or should have known thereof prior to said date.

The question here presented is whether the trust fund administrator John A. Peke had the authority to endorse checks made payable to the New Mexico Pipe Trades Welfare Trust Fund, and/or whether he could only deposit checks so made to said trust fund into its account in the Albuquerque National Bank. Appellees contend that endorsements by the administrator to an account with appellant bank were unlawful and unauthorized. Appellant bank argues that the administrator had the authority to endorse the checks for deposit and collection to an account with appellant.

The trial court made the following findings of fact:

“1. That the Plaintiffs are * * * Trustees of the New Mexico Pipe Trades Welfare Trust Fund; * * *.
“2. That the following written contracts were entered into between the Plaintiffs, Trustees of the New Mexico Pipe Trades Welfare Trust Fund, and the Albuquerque National Bank: Signature Card dated November 30, 1953, containing the following:
‘RESOLVED, that * * * Two SignaUires Required, President -, Vice-President, or Harold Trover, Secretary, John Peke, Administrator of this corporation may, and they are hereby authorized to sign checks and drafts for and on behalf of this corporation, and that each of them be and is hereby authorized to endorse for and on behalf of this corporation, checks and other instruments for deposit, encashment or otherwise; and that the Albuquerque National Bank, Albuquerque, New Mexico, be, and it is hereby authorized to pay on account of this- corporation any and all checks and other instruments signed and/or endorsed in accordance herewith.’
Signature card dated January 30, 1956, containing the following:
‘RESOLVED, that either-, President, or -, Vice-President, or Thomas W. Hall, Secretary-Treasurer, Secretary, John Peke, Administrator of this corporation may, and they are hereby authorized to sign checks and drafts for and on behalf of this corporation, and that each of them be, and is hereby authorized to endorse for and on behalf of this corporation, checks and other instruments for deposit, encashment or otherwise; and that the Albuquerque National Bank, Albuquerque, New Mexico, be and it is hereby authorized to pay on account of the corporation, any and all checks and other instruments signed and/or endorsed in accordance herewith.’
This Resolution was amended by the following notation under Special Instructions :
‘2 (two) Signatures required.’
“3. That the actual authority of John A. Peke was expressed as per the written instructions of the Plaintiffs to the Albuquerque National Bank in that two (2) signatures were required for encashment of any checks or the endorsement thereof.
“4. That there was no authority for the deposit of any check by John Peke, or any other person, to any other account except the account of the New Mexico Pipe Trades Welfare Trust Fund where checks were payable to the said New Mexico Pipe Trades Welfare Trust Fund all with the Albuquerque National Bank, Albuquerque, New Mexico.
;5. That no contractual relationship of any kind or nature existed between Plaintiffs and Defendant, and that the Plaintiffs had no account with the Defendant. From the 14th day of October, 1953, and up to and including the 15th day of March, 1958, various persons and firms, for valuable consideration, drew checks in favor of New Mexico Pipe Trades Welfare Trust Fund, or some appropriate title or abbreviation thereof, as payments to the Trust for employees covered under a Welfare Trust Plan.
:6. That said checks were endorsed by a rubber stamp in the following manner:
‘NEW MEXICO PIPE TRADES WELFARE TRUST FUND
118 Cedar N. E.
Albuquerque, New Mex.’,
and immediately thereafter said checks were deposited with a rubber stamp for deposit with the Defendant to the credit of Fixture Stamp Plan Account and deposited to the Fixture Stamp Plan Account with the Defendant Bank.
7. That the Defendant accepted the aforementioned checks and collected same from drawee banks in the total amount of $14,341.76, although said checks were not payable to the said Fixture Stamp Plan Account and not properly endorsed by New Mexico Pipe Trades Welfare Trust Fund.
‘8. That the endorsements thereon were forged, unauthorized, unlawful, fraudulent, and irregular.
‘9. That Plaintiffs in due time made demand upon the Defendant for the said amount of $14,341.76, but the Defendant refused to pay the same or any part thereof.
‘10. That the Defendant has not accounted unto the Plaintiffs for funds of the Plaintiffs wrongfully received by the Defendant and converted to the use and benefit of another.
11. That the Defendant has had and received money of the Plaintiffs, but no part thereof, has been paid unto the Plaintiffs.
"* * *
"13. That the Plaintiffs did not discover conversion of its funds until after March 13, 1958, and the failure to discover prior to that time was not due to any lack of ordinary care or diligence on the part of the Plaintiffs.
“14. That the Plaintiffs, Trustees, were not the Trustees of the Associated Plumbing, Heating and Piping Contractors of Albuquerque, and had no connection whatsoever with its Fixture Stamp Plan Account with the Defendant Bank.
“15. That the rubber stamp endorsements on the checks herein were not authorized.
“16. That John A. Peke was administrator of the New Mexico Pipe Trades Welfare Trust Fund and was an employee of the Associated Plumbing, Heating & Piping Contractors of New Mexico.
“17. That the said John A. Peke was the person who endorsed the checks in the manner aforesaid for deposit with the Defendant and that he lacked authority to so deposit.
“18. That the authority of the said John A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Sandoval
649 P.2d 485 (New Mexico Court of Appeals, 1982)
Perez v. Gallegos
530 P.2d 1155 (New Mexico Supreme Court, 1974)
Tafoya v. Tafoya
500 P.2d 409 (New Mexico Supreme Court, 1972)
Crockett v. Encino Gardens Care Center, Inc.
492 P.2d 1273 (New Mexico Court of Appeals, 1971)
Springer Corporation v. American Leasing Company
459 P.2d 135 (New Mexico Supreme Court, 1969)
Springer Corp. v. Kirkeby-Natus
453 P.2d 376 (New Mexico Supreme Court, 1969)
Springer Corporation v. Kirkeby-Natus
453 P.2d 376 (New Mexico Supreme Court, 1969)
Gallegos v. Kennedy
446 P.2d 642 (New Mexico Supreme Court, 1968)
Webb v. Hamilton
436 P.2d 507 (New Mexico Supreme Court, 1968)
Baca v. Gutierrez
423 P.2d 617 (New Mexico Supreme Court, 1967)
Cochran v. Gordon
423 P.2d 43 (New Mexico Supreme Court, 1967)
Cooper v. Bank of New Mexico
423 P.2d 431 (New Mexico Supreme Court, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
423 P.2d 431, 77 N.M. 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-bank-of-new-mexico-nm-1966.