City of Morgantown v. Fidelity Mutual Life Insurance

90 S.E.2d 434 (1955)

CITY OF MORGANTOWN

v.

FIDELITY MUTUAL LIFE INSURANCE CO.

No. CC822.

Supreme Court of Appeals of West Virginia.

Submitted September 13, 1955.

Decided December 10, 1955.

H. William Largent, Morgantown, for plaintiff.

Robert T. Donley, Morgantown, for defendant.

BROWNING, Judge.

This case is here on certificate from the Circuit Court of Monongalia County. The plaintiff, the City of Morgantown, a municipal corporation, by a notice of motion for judgment, seeks to recover from the defendant, Fidelity Mutual Life Insurance Company of Philadelphia, Pennsylvania, a corporation, the…