St. Paul Fire & Marine Insurance v. Bender

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment overruling a demurrer to a petition in an action to recover from defendant the amount of money plaintiff had paid to one Goodman in accordance with the terms of its insurance policy protecting Goodman’s automobile from damage.

Goodman’s car had been demolished in a collision with defendant’s car — through the alleged fault of defendant. Plaintiff paid *753the amount of insurance specified in the policy, $250, and received from Goodman an acknowledgment of full payment thereof and an assignment to plaintiff of…