City of New York Insurance v. Tice

The opinion of the court was delivered by

Hoch, J.:

An insurance company brought action to recover from a third party, an alleged tort-feasor, the amount which it had paid to a policyholder under an automobile policy indemnifying against loss by collision or accident. The policyholder was also joined as a party defendant. A demurrer to the petition was sustained and the plaintiff appeals. The principal question here is whether the insurance company could maintain the action in its own name.

The essential facts, as alleged, may be briefly summarized. Mrs. Downs, a resident of Wichita, delivered…