Novo v. Employers' Liability Assurance Corp.

The plaintiff has recovered judgment against one White for personal injuries caused by White’s operation of an automobile owned by a Mrs. Powell. He now seeks by this bill brought under G. L. (Ter. Ed.) c. 214, § 3 (10), to reach and apply in payment of his judgment the obligation of the defendant under a motor vehicle liability policy covering the automobile in question. G. L. (Ter. Ed.) c. 90, § 34A. The only issue litigated is whether at the time of the accident White was responsible for the operation of the automobile with the express or implied consent of Mrs. Powell.

It is agreed that…