Tri-State Cas. Ins. Co. v. McDuff

The widow of Earl Mc-Farlin, deceased, recovered a judgment for $6,000 against Fred McDuff and another for the wrongful death of Earl McFarlin. That judgment was affirmed in McDuff v. McFarlin, 185 Okla. 569, 95 P. 2d 636, and was subsequently paid by McDuff. Thereafter McDuff, in the present action, sued Tri-State Casualty Company to recover the amount of the judgment so paid by him.

In his first cause of action in the instant case, McDuff sought recovery of $5,000, the full amount of an indemnity insurance policy issued to him by defendant, and $44.50 costs, all as provided in the policy,…