The Home Ins. Co. of N.Y. v. Smith

This is an action by plaintiff, The Home Insurance Company of New York, to recover back from defendant, Marvin E. Smith, the sum of $85.88 paid defendant by plaintiff under a policy of insurance issued by plaintiff to defendant, insuring him against all damages by collision to his certain automobile in excess of $50. The ground relied upon for the recovery back of the money thus paid by plaintiff is the defendant's subsequent act in effecting full and complete settlement with the third party tort-feasor, so as to have defeated and destroyed plaintiff's alleged right of subrogation under an…