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ZENGERLE v. COMMONWEALTH INSURANCE CO. OF N.Y.

No. 5949.

291 P.2d 1099 (1955)

60 N.M. 379

Jacob H. ZENGERLE et al., Appellees, v. The COMMONWEALTH INSURANCE COMPANY OF NEW YORK, a Corporation, and Arthur H. Abernathy, Appellants.

Supreme Court of New Mexico.

Rehearing Denied January 19, 1956.

Attorney(s) appearing for the Case

Simms & Modrall, George T. Harris, Jr., Daniel A. Sisk, Albuquerque, for appellants.

Merritt W. Oldaker, Roy F. Miller, Jr., Albuquerque, for appellees.

LUJAN, Justice.

This is an appeal from a summary judgment entered in favor of plaintiffs and defendants appeal.

The record discloses that on December 1, 1951, at about 9:30 p.m. a general merchandising store, located in San Antonio, Socorro County, New Mexico, and owned by the plaintiffs and appellees, was totally destroyed by fire; that at that time appellees carried two policies of fire insurance covering this...

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