LeSAGE v. UTILITIES INS. CO.

No. 10183.

131 F.2d 536 (1942)

LeSAGE v. UTILITIES INS. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

November 21, 1942.


Attorney(s) appearing for the Case

C. F. Marshall, of Graham, Tex., and Emil Corenbleth, of Dallas, Tex., for appellant.

Robert B. Holland and Hobert Price, both of Dallas, Tex., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

This is an action by R. S. LeSage, an insured, to enforce indemnity against his insurers with respect to judgment liabilities incurred by him arising out of an automobile collision. The court below directed a verdict for the defendants on the ground that notice of the accident was not communicated to the insurers within the time fixed by the policy as a condition precedent to indemnity thereunder, and from the judgment entered upon that verdict...

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