HARRIS v. OLD EQUITY INSURANCE COMPANY

No. 6031.

298 P.2d 943 (1956)

61 N.M. 261

Alfred Lee HARRIS, Plaintiff-Appellant, v. OLD EQUITY INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

June 29, 1956.


Attorney(s) appearing for the Case

R.F. Deacon Arledge, Roy T. Mobley, Lorenzo A. Chavez, Albuquerque, for appellant.

Shipley & Seller, Alamogordo, for appellee.


KIKER, Justice.

This appeal is from a judgment entered for defendant Old Equity Insurance Company following a motion for summary judgment. Attached to the motion were the deposition of plaintiff and three affidavits from doctors.

The facts, as shown by the motion supported by deposition and affidavits, and by the contract of insurance attached to plaintiff's complaint, are as follows.

On October 11, 1948, plaintiff-appellant, paid to Old Equity Insurance...

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