Pacific Indemnity Co. v. Hite

McCOLLOCH, District Judge.

The bill of complaint recites that defendant claimed to have been injured in a department store in Portland, Oregon, which was covered by public liability insurance, issued by plaintiff; • that plaintiff paid defendant $75 in settlement of defendant’s claim, taking defendant’s release in the usual form, releasing plaintiff’s assured “and others”; later, defendant made further claim on the ground that his injuries were more serious than he had believed, and plaintiff paid defendant an additional $125, taking a second release. Still later, ■ despite the sums paid and…