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DIEBOLD CONTRACT SERV. v. MORGAN DRIVE AWAY

No. 4259.

617 P.2d 1330 (1980)

95 N.M. 9

DIEBOLD CONTRACT SERVICES, INC., Plaintiff-Appellant, v. MORGAN DRIVE AWAY, INC., and Liberty Mutual Insurance Company, Defendant-Appellee.

Court of Appeals of New Mexico.

September 23, 1980.

Attorney(s) appearing for the Case

Pickett & Bates, Las Cruces, for plaintiff-appellant.

Reginald C. Woodard, Albuquerque, for defendant-appellee.

OPINION

ANDREWS, Judge.

This action was brought after a shipper's merchandise was damaged while being transported by a motor carrier. After the shipper's (Diebold) goods were damaged on July 26, 1976, defendant-carrier gave written notice of its denial of Diebold's claim on November 12, 1976, thereby beginning the running of a two-year contractual limitation period. On July 13, 1977, Diebold filed an action in New York. In a stipulation dated January 13...

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