(338 P.2d 1032)
No. 18,187.Supreme Court of Colorado.
Decided May 4, 1959. Rehearing denied June 1, 1959.
Action to recover value of check paid in reliance upon prior indorsements. Judgment for defendant.
Affirmed by Operation of Law.
Error to the District Court of the City and County of Denver, Hon. Robert W. Steele, Judge.
Messrs. DAWSON, NAGEL, SHERMAN HOWARD, for plaintiff in error.
Messrs. HORNBEIN HORNBEIN, Mr. ROY O. GOLDIN, for defendant in error.
En Banc.
PER CURIAM.
THIS cause has been heard and considered by the Court, MR. JUSTICE SUTTON not participating. MR. JUSTICE
Page 346
MOORE, MR. JUSTICE FRANTZ and MR. JUSTICE DOYLE are in favor of affirmance of the judgment of the trial court. MR. CHIEF JUSTICE KNAUSS, MR. JUSTICE HALL and MR. JUSTICE DAY are in favor of reversal. The court being equally divided the case stands affirmed by operation of law. (Rule 118 (f), R.C.P.)