Byerly v. Thorpe

The following opinion was filed February 4, 1936:

Fritz, J.

The trial court erred in overruling the insur- . anee carrier’s plea in abatement.

The defendant, Charles W. Thorpe, was driving the automobile which was involved in the collision that resulted in injuries to the plaintiff, Alma Byerly, with the consent of its owner, B. E. Thorpe. He was a resident of the state of Illinois, and the Hartford Accident & Indemnity Company’s policy, upon which plaintiffs seek to recover, was written *30and issued in that state upon an automobile kept, licensed, and usually operated therein. That policy had a…