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GUARANTEE RESERVE LIFE INSURANCE CO. v. HOLZWARTH

No. 19165.

366 P.2d 377 (1961)

GUARANTEE RESERVE LIFE INSURANCE COMPANY, The American Hospital and Life Insurance Company, and S. E. McCreless, Plaintiffs in Error, v. John G. HOLZWARTH and Caroline E. Holzwarth, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied December 4, 1961.

Attorney(s) appearing for the Case

Grant, Shafroth, Toll, Chilson & McHendrie, Erl H. Ellis, Denver, for plaintiffs in error.

Dawson, Nagel, Sherman & Howard, John W. Low, Arthur K. Underwood, Jr., Denver, for defendants in error.

HALL, Chief Justice.

In the trial court the plaintiffs in error were defendants and the defendants in error were plaintiffs. We refer to defendants in error as plaintiffs or individually as John or Caroline; to the plaintiffs in error Guarantee Reserve Life Insurance Company as Guarantee, The American Hospital and Life Insurance Company as American, and S. E. McCreless by name.

Long prior to 1953 plaintiffs owned stock in Guarantee and its predecessor. In...

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