Merchants & Farmers Mutual Casualty Co. v. Saint Paul-Mercury Indemnity Co.

Henry M. Gallagher, Chief Justice.

Action to recover of defendant one-half the amount plaintiff was required to pay as liability insurer of Jennie Schullo. Plaintiff’s liability accrued as the result of an action brought against Mrs. Schullo and her son Millard by one John A. Berglund for personal injuries sustained when he was struck by the Schullo automobile. It appears that Mrs. Schullo assigned whatever rights she had against defendant to plaintiff. The trial court directed a verdict for defendant upon the ground that the evidence required a finding that Mrs. Schullo’s policy with…