Muhleisen v. Eberhardt

Adam A. Muhleisen and the General Insurance Company of America, his subrogee, seek to recover from the defendant, Eberhardt, the sum of $154.70 for the damage sustained by Muhleisen's automobile in a collision with a truck belonging to defendant. Muhleisen sues for $50 of the total damages sustained by the car and the insurance company claims the balance of $104.70 under a conventional subrogation given to it by Muhleisen under a policy issued to him which contained a $50 deductible clause.

Plaintiffs allege that, on January 1st, 1943, the Muhleisen car was being driven by John Paul Muhleisen,…