Conger v. Travelers Insurance Company

The judgment does not disclose the ground on which the court adjudged that plaintiff “have and recover nothing” of Insurance Company. Plaintiff did not appeal. Hence, the judgment is a final adjudication as between plaintiff and Insurance Company. Even so, whether plaintiff was entitled to recover from Insurance Company and, if not, the ground of Insurance Company’s nonliability, has significance in determining plaintiff’s right to recover from Stores. Plaintiff’s alternative cause of action against Stores presupposes the nonliability of Insurance Company.

Plaintiff, in her alternative cause…