McKay v. Farmers & Stockmens Bank of Clayton ( 1978 )

HERNANDEZ, Judge

(dissenting).

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).