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HOFF v. ST. PAUL-MERCURY INDEMNITY CO. OF ST. PAUL

No. 211.

74 F.2d 689 (1935)

HOFF v. ST. PAUL-MERCURY INDEMNITY CO. OF ST. PAUL.

Circuit Court of Appeals, Second Circuit.

January 14, 1935.

Attorney(s) appearing for the Case

Herbert Plaut and Plaut & Davis, all of New York City, for appellant.

N. Levan Haver, of Kingston, N. Y., for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a summary judgment upon pleadings and affidavits in an action to recover upon a policy insuring one, Basso, against liability for injuries caused by a motor-car. Basso is not the plaintiff, but Hoff, the injured person, who sued under section 109 of the New York Insurance Law (Consol. Laws, c. 28), which requires all liability policies to give the injured person a right to sue in the circumstances which here existed....

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