First National Bank v. Hartford Fire Insurance
New Mexico Supreme Court
Appeal from District Court, Roosevelt County. Evidence offered and received to show that the company agreed to insure a mortgage interest was incompetent. Woodbury Savings Bank v. Charter Oak Ins. Co., 29 Conn. 374; 1 Greenl. Ev. par. 277; Finney v. Bedford Commercial Ins. Co., 41 Am. Dee. 515; Murray v. Columbia Ins. Co., 11 Johns. 302; Turner v. Burrows, 5 Wend. 541; Finney v. Warren Ins. Co., 1 Metcl. 18; Fuller and others v. Phoenix Ins. Co., 16 N W. 273; Peoria Ins.
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Appeal from District Court, Roosevelt County. Evidence offered and received to show that the company agreed to insure a mortgage interest was incompetent. Woodbury Savings Bank v. Charter Oak Ins. Co., 29 Conn. 374; 1 Greenl. Ev. par. 277; Finney v. Bedford Commercial Ins. Co., 41 Am. Dee. 515; Murray v. Columbia Ins. Co., 11 Johns. 302; Turner v. Burrows, 5 Wend. 541; Finney v. Warren Ins. Co., 1 Metcl. 18; Fuller and others v. Phoenix Ins. Co., 16 N W. 273; Peoria Ins. Co. v. Hall, 12 Mich. 202; Northern Assur. Co. v. Grand Yiew Bldg. Assn., 183 IJ. S. 308. The evidence failed to' show that…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, J.
The appellant has made numerous assignments of error, but having relied upon two in the -argument, we will consider these in the order presented.
The first being “the evidence offered and received to show that the company agreed to insure a mortgage inter■est was incompetent.” This assignment of error is .based upon the well known rule that parol contemporaneous evidence is inadmissible to contradict or vary the terms of -a valid written instrument.
The case of Woodbury Savings Bank v. Charter Oak Ins. Co., 29 Conn. 374, largely relied upon by appellant 'to sustain…
2Cases cited3 opinions
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- Dearborn v. Niagara Fire InsuranceNew Mexico Supreme Court · 1912
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1860
3Cited by4 opinions
- Morris v. MerchantNew Mexico Supreme Court · 1967
- Buck v. Mountain States Investment CorporationNew Mexico Supreme Court · 1966
- Butler v. ButlerNew Mexico Supreme Court · 1969
- Collier v. SageNew Mexico Supreme Court · 1947