Reed Auto Sales v. Empire Delivery Service

We shall refer to plaintiff in error, plaintiff below, as Reed, or plaintiff; to defendant Empire Delivery Service, Inc., as Empire, and to defendant Pioneer Mutual Compensation Company as Insurer.

Reed alleged in each of the two claims embraced in the complaint that Empire was made defendant as provided by Rule 19 (a) R.C.P. Colo.; that Insurer executed a policy insuring Empire on a certain truck against loss by collision or upset for its cash value; that during the term of the policy said truck was totally destroyed by collision and upset; that Empire was the owner of said truck subject to a…