Smith v. Phoenix Indemnity Co.

The opinion of the court was delivered by

WolfsKeil, J.

Plaintiff in a prior action obtained a verdict and judgment against an assured of the defendant and subsequently brought this action under the provisions of Pamph. L. 1924, ch. 153. p. 352, to recover the amount thereof from the defendant on the policy of insurance which it had issued to the assured. The Supreme Court entered judgment upon stipulated facts against the defendant and in favor of the plaintiff for the full amount of the original judgment, together with interest and costs, and defendant appeals.

From the facts as stipulated it…