Lee v. Aetna Casualty & Surety Co

L. HAND, Chief Judge.

Both parties appeal from a summary judgment in an action upon a policy of liability insurance. The complaint was in two counts, of which the judgment dismissed the first, and granted the relief demanded in the second. Judge Ryan’s opinion in the district court 1 states the posi tions of the parties and the relevant facts, completely and accurately, and we shall not repeat them, 'but will proceed at once to the discussion of the legal questions involved. The validity of the first count depends upon whether the insured, the Trefflich Pet Shop, Inc., had “become obligated to…