Slattery v. Merchants Mutual Casualty Co.

The plaintiff sought recovery against the defendant of the amount of a judgment obtained against Wallace Lewis for injuries suffered by reason of the operation of an automobile owned by Martin J. O'Meara, but at the time being driven by Lewis, one of his automobile salesmen. The action was based upon a policy of insurance issued by the defendant to O’Meara doing business as O’Meara Motor Sales. The plaintiff did not allege or claim to have proved that O’Meara was under any legal liability to him by reason of the injury which he suffered, and admitted upon the pleadings that in an action…