McLaughlin v. Central Surety & Insurance

Brown, S. C. C.

The plaintiff moves to strike the defendant’s answer on the ground that it is sham in part and frivolous in the remainder. The pleadings disclose that on the 15th day of March, 1932, the plaintiff sustained personal injuries from the negligent operation of an automobile by Bart Petella. The plaintiff brought suit for damages in a District Court and recovered a judgment against Petella on the 27th day of June, 1932. Petella at the time he is alleged to have injured the plaintiff was insured against the loss by the defendant insurance company. An effort was made to collect the…