Stewart v. Commercial Ins. Co. of Glen Falls, N.Y.

LATIMER, Justice.

This is an appeal from a judgment of no cause of action rendered by the First District Court in an action by plaintiff as administrator of the estate of Fred W. Richards, deceased. The controversy arises over the question of whether or not the defendant is liable on a contract of insurance in which it agreed to pay the deceased any loss he might suffer as a result of damages done to his car in a collision. The parties will be referred to as they appeared in the court below.

The facts are largely undisputed and, insofar as material to this decision, are as follows:

On the 20th…