(Download) "Mitchell V. Intermountain Casualty Co." by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Mitchell V. Intermountain Casualty Co.
- Author : New Mexico Supreme Court
- Release Date : January 15, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Edgar L. Mitchell and his wife filed suit against Intermountain Casualty Company alleging breach of an insurance contract covering physical damage to a 1957 Pontiac automobile. Plaintiff alleged the automobile was a total loss as a result of being caught in a flash flood and that the insurance company had breached its contract by refusal to replace the automobile or pay the plaintiffs the value of said automobile. A motion to dismiss was sustained to the original complaint for lack of an indispensable party. The amended complaint joined Western Acceptance Corporation as a defendant alleging it to be a mortgagee and that the insurance policy contained a loss-payable clause to plaintiffs and the mortgagee as their interests appear. The case was tried on its merits to the court without a jury and resulted in a judgment against both defendants for $885.51, the amount of plaintiffs' down payment on the purchase price of the car. Both defendants have appealed.
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