Potter v. Great American Indemnity Co. of New York

This is a bill in equity to reach and apply in satisfaction of a judgment against the defendant Makovsky an alleged obligation of the defendant Great American Indemnity Company of New York, hereinafter called the company, under a policy of automobile liability insurance. See G. L. (Ter. Ed.) c. 175, § 113, and c. 214, § 3 (10). The case was heard by a judge, and a final decree was entered dismissing the bill as against the company. The plaintiff’s appeal brings the case here with a report of the testimony.

From the facts found by the judge (apparently voluntarily, see Birnbaum v. Pamoukis, 301…