Milbank Mutual Insurance Company, a Corporation v. Peter M. Schmidt

VAN OOSTERHOUT, Circuit Judge.

Prior to the commencement of the instant action, Genevieve Vandenburg and Orrellis Butler, Administrator, were awarded judgments in the total amount of 834,844 against Peter M. Schmidt for damages occasioned by his negligent operation of an automobile on April 8,1960. Thereafter, Schmidt, Vandenburg and Butler brought suit against Milbank Mutual Insurance Company, hereinafter referred to as defendant. Judgment was rendered against defendant and in favor of Schmidt, Vandenburg and Butler for 812,754.16,' the limits contained in the policy of public liability…