MORTON v. MARYLAND CAS. CO.


1 A.D.2d 116 (1955)

Donald Morton, Respondent, v. Maryland Casualty Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1955.


Attorney(s) appearing for the Case

John P. Wourms for appellant.

Joseph N. Friedman, Beatrice Rothaus and Harry H. Lipsig for respondent.

WENZEL, Acting P. J., and BELDOCK, J., concur with UGHETTA, J.; MacCRATE and SCHMIDT, JJ., dissent and vote to affirm, with memorandum.


UGHETTA, J.

The primary question here presented is whether an action may be maintained in the courts of this State under a Louisiana statute which gives a right of direct action by an injured person against a liability insurer for the damages he has sustained, irrespective of whether or not a judgment has been first obtained against the insured.

Section 655 of title 22 of the Louisiana Revised Statutes...

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