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IMPERIALI v. PICA

338 Mass. 494 (1959)

156 N.E.2d 44

ROMOLO IMPERIALI vs. GAETON PICA & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 4, 1959.

Attorney(s) appearing for the Case

Morris Michelson, (Lawrence A. Ruttman with him,) for the plaintiff.

Philander S. Ratzkoff, for the defendant American Employers' Insurance Company.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

SPALDING, J.

Having recovered a judgment against the defendant Pica (hereinafter called the insured), the plaintiff brought this bill in equity to reach and apply the obligation of the defendant insurance company (hereinafter called the company) under the noncompulsory provisions of a motor vehicle policy issued by it to the insured. See G.L.c. 175, § 113; c. 214, § 3 (10). The judge made findings of material facts and ordered the bill dismissed.

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