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FIDELITY & CASUALTY CO. OF NEW YORK v. HEROD

No. 12454.

171 F.2d 969 (1949)

FIDELITY & CASUALTY CO. OF NEW YORK v. HEROD.

United States Court of Appeals Fifth Circuit.

February 1, 1949.

Attorney(s) appearing for the Case

P. H. Eager, Jr., of Jackson, Miss., for appellant.

R. L. Smallwood, Jr. and Chester L. Sumners, both of Oxford Miss., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

Curtis Herod obtained against Talmadge Ivy a judgment for $5,000 damages for a personal injury inflicted on Aug. 25, 1946, by Ivy in the operation of a certain automobile. Herod, on return of nulla bona, sued Fidelity and Casualty Company on a policy of insurance by which the latter promised to pay on behalf of Ivy all sums which Ivy should become obligated to pay by reason of liability imposed by law for bodily injury caused by accident arising...

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