Kennedy v. Emp. St. Und'rs of Watertown, N.Y.

The Opinion of the Court was delivered by Circuit Judge

E. H. Henderson, Acting Associate Justice :

The plaintiff, James Kennedy, bought an automobile from H. C. Bland, doing business as H. C. Bland Motor Company, and gave him a purchase-money mortgage. An insurance policy was written by the defendant, Empire State Underwriters, in favor of Kennedy and the Motor Company, as their interests may appear, insuring them against loss or damage to the automobile caused by collision. On January 27, 1942, the automobile was damaged by collision to the extent of $237.00, and a suit for that amount was…