Maryland Casualty Co. v. Rickenbaker

SOPER, Circuit Judge.

This action is based on an insurance policy of the Maryland Casualty Company which insured A. W. Layton against liability for damages for bodily injury sustained by any person and caused by accident in the use of an automobile covered by the policy. C. P. Rickenbaker recovered a judgment in the state court for $2591 against Layton and against Frank Smith, an employee of Lay-ton,. for injuries sustained while riding in the car when it was in charge of Smith; and an execution on the judgment was returned nulla bona. The pending suit was then brought in the state court by…