Allen v. the Travelers Indemnity Co.

This is an action of contract upon a liability insurance policy. It was tried without a jury upon an agreed statement of facts, and concessions by both parties that certain witnesses, if present, would testify to certain facts, exceptions being taken to the materiality of the evidence. The court filed a finding of facts and rendered judgment for the defendant, and the questions before us arise on the plaintiff’s exceptions. It is agreed that if the plaintiff is entitled to recover, the damages are $3,300.

Holmes, a resident of Kansas, was motoring through Vermont, when his automobile broke…