Lumbermens Mutual Casualty Company v. Poley Bell

CLAYTON, District Judge.

This is an appeal from a judgment for plaintiff in a direct action personal injury damage suit which was filed against Lumbermens Mutual Casualty Company, appellant, carrier of the liability insurance policy in effect on the vehicle in which plaintiff was injured. There is presented for our disposition here only one decisive question. The defense to the suit in District Court, from which that question arises, was that Bell, appellee, had executed a release which barred prosecution of this suit. Bell’s response was that the release was obtained by fraud, was without…