Albert D. Switzer, of the Estate of Clara L. Switzer, Deceased v. John Thornton Carroll and Celina Mutual Insurance Company

GREEN, District Judge.

On May 11, 1961 plaintiff-appellant obtained a default judgment against defendant John Thornton Carroll in the amount of $30,000.00. This judgment was based on a complaint for the wrongful death of plaintiff’s decedent, as a result of an automobile accident.

On September 8, 1961 plaintiff filed a supplemental complaint against defendant-appellee, Celina Mutual Insurance Company, seeking to recover $25,000.00, the face amount of an insurance policy, to be applied on the unsatisfied judgment, on the claim that at the time of the fatal accident John Thornton Carroll was an…