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MEYER KORNBLUM & SON v. EXCESS INS. CO. OF AMERICA

No. 18.

79 F.2d 544 (1935)

MEYER KORNBLUM & SON, Inc., v. EXCESS INS. CO. OF AMERICA.

Circuit Court of Appeals, Second Circuit.

November 4, 1935.

Attorney(s) appearing for the Case

Henry Waldman, of New York City (Henry Waldman and Lester J. Waldman, both of New York City, of counsel), for appellant.

Plaut & Davis, of New York City (Harold Davis and Herbert Plaut, both of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff owned and operated a motor vehicle and had obtained a policy of liability insurance under which, by merger with the company that originally issued the policy, the Public Indemnity Company had become the insurer when one Tesoriere was fatally injured by the vehicle. His administratrix brought suit against this plaintiff in the New York Supreme Court. That action went to trial and was defended by the insurance company in accordance...

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