Diebold Contract Services, Inc. v. Morgan Drive Away, Inc.
New Mexico Court of Appeals
1Opinion of the Court
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, 1978, the parties agreed to discontinue the New York action without prejudice as to any forum other than New York. Plaintiff did not institute…
Also in this document: Concurrence.
2Cases cited9 opinions
- McLearn v. HillMassachusetts Supreme Judicial Court · 1931
- Stern v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1931
- United States v. Fidelity and Casualty Company of New YorkCourt of Appeals for the Fourth Circuit · 1968
- Miller v. SmithNew Mexico Supreme Court · 1955
- Wiseman v. Arrow Freightways, Inc.New Mexico Court of Appeals · 1976
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3Cited by9 opinions
- State Ex Rel. Udall v. Colonial Penn InsuranceNew Mexico Supreme Court · 1991
- Green v. General Accident Insurance Co. of AmericaNew Mexico Supreme Court · 1987
- Gathman-Matotan Architects & Planners, Inc. v. StateNew Mexico Supreme Court · 1990
- Bracken Ex Rel. Estate of Bracken v. Yates Petroleum Corp.New Mexico Supreme Court · 1988
- Estate of Gutierrez Ex Rel. Haney v. Albuquerque Police DepartmentNew Mexico Court of Appeals · 1986
4 more not listed; retrieve them via the Exa API.