ARMIJO v. FOUNDATION RESERVE INSURANCE COMPANY

No. 7610.

408 P.2d 750 (1965)

75 N.M. 592

Bobby ARMIJO, Plaintiff-Appellee, v. FOUNDATION RESERVE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

December 13, 1965.


Attorney(s) appearing for the Case

McRae, Ussery, Mims, Ortega & Kitts, Albuquerque, for appellant.

Sheehan & Duhigg, Albuquerque, for appellee.


COMPTON, Justice.

The plaintiff instituted this action to recover for damages to his automobile under an insurance policy issued to him by the defendant. The latter appeals from a judgment allowing a recovery of the amount of the policy.

As grounds for reversal of the judgment the appellant has advanced three points, under which he maintains (1) that the insurance policy was void from its inception because obtained by fraudulent misrepresentation, (2) that...

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