McBride v. New Amsterdam Casualty Co.

Acicekson, S. C. C.

The plaintiff having recovered a judgment for damages against John F. Zemkoski, arising out of an automobile accident, and having had execution returned unsatisfied, has brought this action against Zemkoski’s insurance carrier, the present defendant.

The defendant’s answer is made to rest upon the assertion that the liability policy in question had been canceled prior to January 15th, 1933, the date upon which the plaintiff sustained the injuries for which she obtained judgment against Zemkoski.

Plaintiff now moves to strike out this answer upon the ground that it is either…