Miller v. the Met. Cas. Ins. Co. of N.Y.

This case is before us on exceptions to a jury trial waived decision in favor of the defendant. Plaintiff's action was for "debt on judgment." His declaration asserted recovery of a judgment against the Providence Roofing and Supply Co. for $154.65 in a negligence case and that said company was insured by defendant. Defendant's plea sets up that the insurance policy contained a condition which had been broken and denied liability. Plaintiff replied that the terms of the policy were immaterial and that the condition had not been broken.

There is no substantial disagreement as to the facts.…