Dearborn v. Niagara Fire Insurance
New Mexico Supreme Court
Appeal from District Court, Cuny County. The writing must be taken to contain the real contract until the contrary is established by the clearest and most satisfactory evidence, and a mere preponderance of evidence will not suffice. Lake v. Meacham, 13 Wis. 355, 382; McClellan v. Sanford, 26 Wis. 595, 607; Blake Opera House Co. v. Home Ins.
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Appeal from District Court, Cuny County. The writing must be taken to contain the real contract until the contrary is established by the clearest and most satisfactory evidence, and a mere preponderance of evidence will not suffice. Lake v. Meacham, 13 Wis. 355, 382; McClellan v. Sanford, 26 Wis. 595, 607; Blake Opera House Co. v. Home Ins. Co., 73 Wis. 667, 41 N. W. 968; Hearne v. Insurance Qo., 20 Wall. 490; Southard v. Curley, 134 N. Y. 154, 31 N. E. 330; GroR v. Rohrer, 35 Md. 327; Tripp v. Hasceig, 20 Mich. 263. Westchester Fire Ins. Co. v. Wagner, 38 S. W. 214; Schmid y. Virginia F. &…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
1 The appellee, having filed a motion to strike the Bill of Exceptions from the files, we will first discuss this motion before considering the merits of the ease. The motion was based upon the ground that the Bill of Exceptions was not signed and settled before the judge who tried the case. The cause was tried before-the Hon. Wm. H. Pope, as Judge of the Fifth Judicial District, under the Territorial form of government. Upon the admission of New Mexico as a State, Judge Pope was succeeded by Hon. John T. McClure as Judge of the-Fifth Judicial District. The…
2Cases cited6 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Hunt v. RhodesSupreme Court of the United States · 1828
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
- Miller v. Phoenix Assur. Co., Limited, of LondonNew Mexico Supreme Court · 1948
- Buck v. Mountain States Investment CorporationNew Mexico Supreme Court · 1966
- Points v. WillsNew Mexico Supreme Court · 1939
- Union Life Ins. v. BurkCourt of Appeals for the Tenth Circuit · 1948
3 more not listed; retrieve them via the Exa API.