State ex rel. Healy v. Smither

This appeal arises from a contest between claimants The American Insurance Company and Asa L. Lewelling for priority in payment out of the assets of defendant Harold F. Smither, now in the possession and control of the Corporation Commissioner, as receiver, pursuant to an order of the circuit court entered in the principal proceeding.

Because of our disposition of the case, only a brief factual outline of the matter is necessary. Through misconduct, Harold Smither, an employee of First California Company, subjected his employer to substantial liability. First California’s insurer, The American…