IVY NELSON GRAIN CO. v. COMMERCIAL U. INS. CO. OF N.Y.

No. 8689.

453 P.2d 587 (1969)

80 N.M. 224

IVY NELSON GRAIN COMPANY, a corporation, Plaintiff-Appellant, v. COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, Defendant-Appellee.

Supreme Court of New Mexico.

April 28, 1969.


Attorney(s) appearing for the Case

Krehbiel & Alsup, Clayton, for plaintiff-appellant.

Robertson & Robertson, Raton, for defendant-appellee.


OPINION

CARMODY, Justice.

This suit was instituted to recover the value of a piece of machinery which the plaintiff contended was covered by insurance. The trial court, upon facts most of which were stipulated, concluded that the machine was not covered by the policy and denied recovery.

The only question involved is whether the policy, together with its endorsements, is ambiguous. We believe there is an ambiguity which requires a reversal.

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