Roth v. National Automobile Mutual Casualty Co.

Greenbaum, J.:

The action is brought against the defendant to recover the amount of a judgment obtained by the plaintiff against one Ignatz Friedman, arising from injuries alleged to have been sustained by her and occasioned by the negligence of his chauffeur in driving his automobile. At the time of the accident Friedman held a policy of insurance in the defendant company, which insured him against loss by reason of any liability attaching to him in the operation of the automobile in question.

The defendant’s answer alleges that subsequent to the accident Friedman “ violated and breached the…