Chesher v. United States Casualty Co.

Judgment and order affirmed, with costs, upon the opinion of Van Voorhis, J., delivered at Special Term, Monroe County. All concur. (Appeal from a judgment for plaintiff in an action under a liability insurance poEcy. The order granted plaintiff’s motion to strike out defendant’s answer and for summary judgment.) Present — Taylor, P. J., MeCurn, Kimball, Piper and Wheeler, JJ.

The opinion of Justice Van Voorhis dated August 18, 1950, is as follows:

Plaintiff obtained a judgment in the United States District Court for the Western District of Hew York, in the sum of $3,048.44, against one John…