Lienhard v. Northwestern Mutual Fire Ass'n

The respondents sustained personal injuries and property damage resulting from a collision between a car in which they were riding and one driven by Archie Burr Marston, in the early morning hours of January 1, 1934. The respondents brought suit against Marston and his wife for the damages sustained and recovered judgment. The judgment being unsatisfied, this action was brought to recover upon a liability insurance policy issued to Marston by the appellants, covering the car driven by him at the time of the accident.

At the trial, the appellants interposed two defenses to the action: First,…