Merchants Indemnity Corp. of New York v. Peterson

BIGGS, Circuit Judge.

On February 10, 1938, the appellant,. Merchants Indemnity Corporation of New York, issued an automobile casualty policy to Richard Randolph by the terms of which the appellant agreed to pay all claims for damages sustained against Randolph arising out of the operation of Randolph’s-automobile upon conditions stated in the policy. The appellees, the Petersons, were Randolph’s passengers when Randolph had an automobile accident on April 23, 1938, in which they suffered personal injuries. The appellees sued Randolph for damages,, recovering a judgment in the sum of…