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METROPOLITAN CASUALTY INS. CO. v. JOHNS

No. 5422.

72 F.2d 171 (1934)

METROPOLITAN CASUALTY INS. CO. OF NEW YORK v. JOHNS et al.

Circuit Court of Appeals, Third Circuit.

July 10, 1934.

Attorney(s) appearing for the Case

Henry K. Golenbock, of Perth Amboy, N. J., for appellant.

Charles M. James and Edwin F. Smith, both of Jersey City, N. J., Raymond Dawson, of New York City, and Edwards, Smith & Dawson, of Jersey City, N. J., for appellees.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

PER CURIAM.

In this case the plaintiff, after she recovered against the owner of an automobile a judgment for her personal injury caused, as was alleged, by reason of his negligence while driving the same, brought this suit to recover the amount of such judgment from the defendant company, which had insured the owner of the car. The defense of the insurance company was that the insured had breached the assistance clause of the policy, which provided: "(2) Whenever...

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