Searle v. Southern Surety Co.

In this action the plaintiff seeks to recover, from the defendant, the amount of a judgment which he had previously recovered against one Whalen, growing out of a collision between the cars of plaintiff and Whalen. The complaint alleges that, prior to the rendition of the judgment, the defendant, through its duly authorized agent, at the city of Salamanca, N. Y., sold to Whalen the defendant’s policy of liability insurance, wherein it agreed to indemnify Whalen against loss from liability imposed by law upon him for damage to property resulting through his operation of his automobile. The…