Tuder v. Commonwealth Casualty Co.

This is an appeal by the defendant from a judgment rendered by the judge of the Bayonne District Court, sitting without a jury, in favor of the plaintiff and against the defendant in an action to recover from the defendant, an insurer of one Akstulewicz, the amount of a judgment theretofore obtained by the plaintiff against Akstulewicz for damages arising out of an automobile accident on March 2d, 1928. Execution having been issued and returned unsatisfied on the last mentioned judgment, plaintiff sued the defendant under a clause in its policy which provided that if, because of the…